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HomeMy WebLinkAbout06-92 Deer Run at Sherando 25 Lots Opequon District - BackfileRECEIPT NZ 02W5 AMOUNT DUE $ AMOUNT PAID $ BALANCE DUE $ PAID BY CASH CHECK Fl OTHER F I . . NING AND DEVELOPMENT P. 9 COURT bQUAf(L W; WRIGINiA 22601 DATE RECEIVED FROM ADDRESS THE SUM OF FOR 1 /, v I IMI W ICI i, I [ ' H N. 12Z I , LJbA * STAFF SUBDIVISION CHECKLIST * This application is not complete if the following are not included: SUBMISSION PACKAGE -/� yZ 1. Comments sheets from the following agencies along with any marked copies of the plan; / VDOT 1/ City of Winchester ✓ Sanitation Authority c/ Health Department Inspections Dept. Parks & Recreation Fire Marshal Road Naming Coordinator County Engineer One copy of the subdivision application pulolic— Schools 15 copies of the plan on a single sheet One reproducible copy of the plan (if required) A 35mm. slide of the plan TRACKING Date 7/ ?,Application received 7/jZkMee Paid (amount Subdivision heard by Planning Commission. Action taken V v Subdivision heard by Board of Supervisors. Action taken as final plat submitted with review agency signatures and; deed of dedication % IZ-f3 �lat signed by Planning Director Plat signed by Subdivision Administrator Z-"93 House numbering assigned �v zl� bond estimate $ Info added to annual report disk r r ! ; 1 n Q F Frederick County Sanitation Authority____ _ _ Date Planning Commission. _Date Subdivision Administrators Virginia Department -.of Transports ion_ - Da � to 9 2 OWNER'S CERTIFICATE The above and foregoing subdivision of the land of J.E.J.P. Corporation, a Virginia corporation, as appears in the accompanying plot, is with the free consent and in accordance with the desires of the undersigned owners, proprietors an trustees, if any. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to J.E.J.P. Corporation, a Virginia corporation, by deed dated 2 March 1990 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 740 at Page 515. Douglas C. Legge, C.L.S. Final Plat eC. f Deer Run of Sherando LOpequon Magisterial District Frederick County, Virginia LEG Z NO. -. DATE: OCTOBER 30,1992a SHEET i OF 6 gilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C aide Greenwich Drive R Fredericksburg, Vrginio 22401 200 North Cameron Street (703) 898-2115 Winchester. Virginia 22601 (703) 667-2139 oar; r,'- -n1,�n CURVE DATA CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 1555.00 420.93 211.76 419.65 S 60.56 39 W 1530 35 2 50.00' 26.18' 13.40' 25.88' N 51 '48'33" W 29'59'48" 3 225.00 44.43 22.29 44.36 N 58'50 59 E 11'18 54 4 1000.00 315.05 158.84' 313.75' N 5528 54 E 18'03'04 5 55.00 45.88 26.90 42.66 N 74'21 28 W 75'05 58 6 35.00' 9.10 4.58' 9.08' S 60'38 32" W 14 54'02" 7 250.00 16.46 8.23 16.46 S 55'04 43 W 03'46 23 8 250.00' 32.91' 16.48' 32.88' S 60'44'10' W 0732'31" 9 9 75. 00 46.39 23.20 45.39 S 63'08 39 W 02'43 34 10 975.00' 51.44' 25.73' 51.43' S 60'16'11" W 03*01'22" 11 9 75. 00 52.23 26.12 52.22 S 5713 25 W 03'04 09 12 975.00' 51.64' 25.83' 51.63' S 541018" W 03'02'05" 13 975.00 49.55 24.78 49.54 S 51'11 55 W 0254 42 14 25.00' 21.75' 11.62' 21.07' S 24*48*56' W 49'51'l5" 15 50.00 .35.25 20.12 37.32 S 21'48 13 W 43'49 48 16 50.00' 30.17' 15.55' 29.71' S 61'00'16" W 3434'19" 17 50.00 30.17 15.56 29.71 N 84'25 25 W 34'34 19 18 50.00' 30.17' 15.56' 29.71' N 49'51 07" W 34 34'19" 19 50.00 30.17 15.56 29.71 N 15'16 48 W 34'34 19 20 50.00' 30.17' 15.56' 29.71' N 19*17'30 E 3434'19" 21 50.00 43.49 23.23' 42.13 N 61'29 50 E 49'50 20 22 50.00' 8.56' 4.29' 8.55' S 88'40'40" E 09'48'41 " 23 25.00 20.35 10.78 19.80 N 7254 18 E 4538 44 24 1025.00' 24.81' 12.41' 24.81' N 50'16'32" E 01'23'13" 25 1025.00 47.69 23.85 47.68 N 52'18 07 E 0239 56 26 1025.00' 51.74' 25.88' 51.73' N 55'04'51" E 0253'32" 27 1025.00 54.84 27.43 54.84 N 58'03 35 E 03'03 57 28 1025.00' 55.83' 27.92' 55.82' N 51'09'10" E 03'07'14" 29 1025.00 32.09 16.05 32.09 N 63'36 37 E 01'47 38 30 200.00' 24.24' 12.13' 24.22' N 61'02'08" E 06'56'36" 31 200.00 r 15.26 7.53 15.26 N 5522 41 E 04'22 18 32 35. 00' 10.14' 5. 11' 10. 71 ' N 44'53'29" E 1636'06" 33 35.00 44.84 26.09 41.83 N 00'0631 W 73 23 54 34 45.00 67.72' 42.13' 51.51' N 06'18'08" E 86'131 35 50.00 78.54' 7 77' S 08'11'21" W 90'0000 36 50.00 34. 72' 1 1 4 S 56'42'12" E 39'47 28 AREA SUMMARY AREA IN LOTS = 2.3406 ACRES AREA IN R1W = 1.0203 ACRES AREA IN OPEN SPACE = 1.1919 ACRES TOTAL AREA SUBDIVIDED = 4.5528 ACRES NUMBER OF LOTS 25 AVERAGE LOT SIZE = 4,078 SO. FT. �T H °� ��P f 'A • Z o CERTIFICATE N . v Z k D `�/ ROT C RTI 1ED LAND SURVEYOR Deer Run of Sherondo DATE: OCTOBER 30, 1992 Revised 12/22/92 CURVE TABLE gilbert w. Clifford & associates, inc.E!G ENGINEERS - LAND PLANNERS - SURVEYORS 150-C 01de Greenwich Drive 200 North Cameron Street Fredericksburg. Virginia 22401 Winchester, Vlrglnia 27601 (703) 898-2115 (703) 667-2139 SHEET 2 OF 6 R V 7 1 r1 r1 n F �20' DRAINAGE EASEMENT FUTURE I DEVELOPMENT I ZONED RP " I I N 5JT t J2' E 174.80, 2aOO' 25.00' 26. 49.00' 49.80' N Z Z rn 56. ?1 • 657E p8. E 749 f8 G a o I ---- A: d y 4701 L U O I N m N N j m a; 1 m 2 o to y I I 4.161 SF I 3.998 SF N I 3 N rn v �'oI in 4 I o 4,200 SF ' a ' o yny N U u 4 c; WATER AND SANITARY Z o (n o L 3,834 SF / a SEWER EASEMENT (AI 2 Q �o I 5 N ++ 6 40.00' 7.717 m I a0 hi 12,14 SANITARY SENFR EASEMENT f700 n N 5371J2- E 127.71' go rn 3 )v 6430 t� DEER HILL COURT 50' R W 76 t- FUTURE ti / 628p. D �MBr a DRAINAGE EASEMENT W JZOO' Ja71' 3 z H Z z J9.67• w ro y a �, 2 2313• H U ) % ool a m U 07 INS Vi hi IZ z 3.992 SF I m 4.180 Sir I 23 �� v (Au u, m 4.197 SF J v I 22 I W \ w In N 4.202 SF I 21 i m o c W :ZE U 47L.00' S238' J2 d6 ° a Z1.49'7.00' s 53 ir10" W J32.23' S sSQ 32- .00' 25.00' w S 53?1'32" W OPEN SPACE 2f1.01' Area to be Dedcated=63 SF 50 027 SF 5Q00' 2 ® 80' ROAD N4974'45"E 4.88 EFFICIENCY BUFFER 231' 35.60. NJO2371'E - - .... ----- .. 4A 21.78' ® s 5317111" w — \ 1 Area to be Dedleoted- J59 SF S5J'11'21 "W-14, 42' SETBACK REQUIREMENTS FRONT 25' EXISTING WARRIOR DRIVE REAR 15' (FORMERLY GOLLIDAY ROAD) SIDE 15' BETWEEN DWELLINGS 60' R/W �S H p,j' t-DQUGLAS C. -LEG a CERTIFICATE N J �NIE z- C LAND SURVEYOR Deer Run of Sherondo TE: OCTOBER 30. 1992 Revised 72/22/92 SCALE: 1'=50' D gilbert w. clifford do associates, inc. SHEET ENGINEERS — LANO PLANNERS — SURVEYORS OF I50-C Clde Greenwich Drive 200 North Cameron Street 6 Fredericksburg. Virginia 22401 Winchester. Virginia 22601 (703) 898-2115 (703) 667-2139 FUTURE Bit !. i 2 V 8 L 2 DEVELOPMENT ZONED RP / O� ,yo / N 6524 08• E 1ty 93 N 61 �6• r Z� 4Q N }Z 40 Z5 E 1a� v� 46?6• N 58V402- 15 0• a _ y E 14Z 68' U ti 47.2J' � 47.89' 47 1O. U v ti ti 47.56. y 10 4 V y 4,166 SF ,�• / 5 C. 'i H U vI 1osv+� 3.877 SF I 6 7 a I +h 3,974 SF I 4.062 SF u 8 a s v 1^+ �D J,922 SF ++'1 4,035 SF I ^v+ 0 zsr v CA4 �I s to 9 u S 6t ;70 26' W 1 1 v w -- - y DEER L � LOUR T 50 R1W r 0 2 22 A: / a t� 2 Z 5. �l 21 vl m e 2 4,197 SF '� d 1 ORaNACE ov 1 4198 19 N I EASEMEN z J N _ tot ,5 al 4,198 SF �I 18 I F� 17 I ca 4.200 SF 59.79, ` m N 4,200 SF 16 S 6q�0 JZ. W 58 g7 `— o o J.955 SF �\ EFFI ,E /ROAD 241.OY 55.97 u w CIENCY 8U 521J' p 1 FF S 6074'17- 45.80' :L__65.6S* W S 5J 44'5J' W S 57'16'07- W O OPEN SPACE _ 50.027 SF 1 VIU.4CE AT SHERANDO EXISTING WARRIOR DRIVE OPEN SPACE (FORMERLY GOLLIDA Y ROAD) ZONED RP 60' R/W PST H r o CERTIFICATE Ni 1J 11 77� C T I /OIA' ED LAND SURVEYOR_ Deer Run of Sherondo DATE: OCTOBER 30. 1992 SCALE: 1 "=50' � gilbert w. SHEET clifford & associates. inc. 4 ENGINEERS — LAND PLANNERS — SURVEYORS OF 150—C Olde Greenwich Drive 200 North Comecon Street 6 Frederkksburg, Vrginio 22401 Winchester. Ne th Virginia Street (703) 898-2115 (703) 667-2139 . FUTURE DEVELOPMENT ZONED RP 9 v W H 15, O,E• r1O SEE WET Sl� EET 6 OF 6 rn 7 6- _ N 61 b0.16- E a+ N ---- 11.2 63' m o T3A37' map 4,041 SFam m 12 \ a" y r 4.041 SF h - --- - 6 -- 1 / i �A4iy /. 1 to �r� S 2�'•5� � � J e J\ � \'$ 4,041 SF OPEN \ '^ 50,1 S 5776'02' W 80.00' DEER HILL COURT 50' R/W 9 / '4 4,041 SF� 5' � DRAINAGE EASOJEN z e 18 I 15 17 �:\ 4,041 SF t6 /J P�I H of 41L r E DOU AS C. LEG Z o CERTIFICATE NO. -. � 7 a t, n C T I D LAND SURVEYOR_ 12 \ FREDERIC)CTOWNE ESTATES ZONED RP 25 / \v: cn 26 SPACE 7 SF O a �� 1/Q V► S -19 31515' VI VILLAGE AT SHERAN00 S 5404�5 OPEN SPACE ZONED RP Deer Run of Sherondo 27 DATE: OCTOBER 30, 1992 1 SCALE: 1-=50- 1 gilbert w. clifford & associates, inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 5 150—C Olde Green*kh Drive 200 Narth Cameron Street 6F Fredericksburg, Virginia 22401 Winchester, Virginia Z2601 (703) 898-2115 (703) 667-2139 71, I� ti W w y 47 7d 9 4,035 SF BK7J2rG0824 10 o. /\ tP \z 'vram SR FA \ \ FUTURE DEVELOPMENT / ZONED RP 12 / a� FREDERICK TOME / ESTATES ZONED RP 3.40 9 45. O E a 77.26' N 6100'16' E 212 6J' rn o 25 pAI # a 4,166 SF t�i� A I oo m 4,041 SF N D 12 \ rn c 4 C7 y 4,041 SF rn N I 6 1h00 V1 -� S 1 / y 601 v "'F7V1 26 4 A 13 ILL COURT \, 1 4.041 SF �1 m DEER Fi 050.027 SF E 50' RIW N S 5776'02' w nn nn• A27 o CERTIFICATE NO. J ��W 0Z D� LAND SURVEYOR_ Deer Run of Sh eron d o DATE: OCTOBER 30, 1992 gilbert w ENGINEERS — 150-C 01de Greenwich Drive Fredericksburg, Virginia 22401 (703) 898-21t5 SCALE: 1 "=50' Clifford & associates, inc. SHEET6 LAND PLANNERS — SURVEYORS OF 200 North Cameron Street 6 Winchester, Virginia 22601 (703) 667-2139 JIRGINIA: r'RECERICK r,CUN FY, WT. This instrumort o wr g was pr to me on tho�_�h v of, M' 19aL�- /. a ev' 1 c.vrti?cate of ackrowl=dgmant tireredo wioexnd was admitted to record. CLERK COUNTY of 1F REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 November 2, 2000 Mr. David Hepler 206 Canyon Road Winchester, VA 22602 RE: Lot 11 in Deer Run at Sherando Dear Mr. Hepler: The purpose of this letter is to provide you with documentation of our conversation pertaining to the referenced residential lot. In particular, you asked for an official position on where the residential structure should be located on this parcel due to an error in construction on the adjoining Lot 12. Deer Run at Sherando was approved by the county for 25 zero lot line patio homes. The structures are required to be located on the appropriate side yard and maintain a 15-foot building restriction line from the opposite side yard boundary. The owner of Lot 12 had a house location survey prepared by Dove & Associates, dated December 11, 1997, and recorded in Deed Book 894 Page 1026. The house location survey identifies that the structure was located 0.3 feet over a required building restriction line. My research indicates that the owner neither negotiated a boundary line adjustment with the owner of Lot 11, nor applied for a variance through the county to correct this error. Therefore, unless you are amenable to a boundary line adjustment with Lot 12, you should locate the new structure on Lot 11 on the appropriate side yard line. Please find attached a copy of the house location survey prepared by Dove & Associates for your records. I hope this information is beneficial to you. Please contact me if you have any questions regarding this information. Sincerely, Evan A. Wyatt, i Deputy Director U:\Evan\Common\Cottespondence\DavidHeplerLetter-LotI IDce Run@Shemndo.wpd 107 North Bent Street - Winchester, Virginia 22601-5000 � S /• 1 i41',I , 3 '• REBAR Foulvo S B47516' Fr _ E.fmrERr I � z —15' BRL_ V-'VFr II1 h U � \ h� SPL/T-LEVEZ BRICK & fRAME RES/LIENCE � 6'0"V ° NO / POS7FD BRL O.J�� 25BRL--� ter.7• O/N PM VA 7F SEMR J EASE]iw , C 100� L>•Jn s � ' DEER HILL COURT 50' R-O-W »is is ry a77rrr Irar av Oftrad l* n2 ras-P HOUSE LOCfI AGW 57JRVE Y r At" AN AM PA7F 9rP►fr Or PC Flafkf3rS sr,omw r,� AAc imr rrEme, ARf ADO rAx a'V WNrS al? ENC7PG cmxNrs WSME CM P{ LOT 12 CRO(M O1:rER IN" IHO-Sf SWW NelWM DEER RUN OF SHERANDO NoT&I D® BOQY 7P2 PAX 819 r, W "sVss&[Nr rrw Ma spa-s-u oPEOUGYv D7s7R/cr z cLwftNr maal, mr wl cmAw Cr naE a fFEDZMCK COUNTY, WaNWA LkED ul" W.? PAX .31V Ills MAT HAS WIN PRf PAPfD W1011I 111! IWWIII of A Ililf Rf"I T DA�• �'R 14 19s7 t: 1" � i�i• NU NAS W)I frf1.7SAfftlY MW.Alf fNll*".v 111e4 11♦ f`INe`I/IIY OHfAUZ FkrH BURDERS PURCYIASR' RAOFOW wa / l7m,- fLLDO N071 - am a DA IT^ PANG 7var HIT.C11 I:N:1Nt:tN!t, � i rr U fri1�K ll► PI MINI It!i tIJrM11p ty Mc1 a . ee:,UtM:Y(Nly RM _ . ..�. YnNoViTTY. VIKOHA 22601 «� -- COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 August 24, 1998 Mr. Eric R. Lawrence, Zoning Admin. County of Frederick Dept. of Planning & Development 107 North Kent Street Winchester, VA 22601-5000 Dear Eric: JERRYA. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 C �1:� Ref: Deer' Run of Sherando Route 1137 Frederick County The addition package for the streets listed in the Board's resolution dated July 8, 1998 for the referenced development has been forwarded to our Central Office in Richmond for processing. The Commissioner's Office will notify the Board when the addition has been approved. In the meantime if you have any questions, please let me know. SAM/rf xc: Mr. Jim Longerbeam Sincerely, Steven A. Melnikoff Transportation Engineer WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 August 24, 1998 Mr. Eric R. Lawrence, Zoning Admin. County of Frederick Dept. of Planning & Development 107 North Kent Street Winchester, VA 22601-5000 Dear Eric: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Village at Sherando Route 277 Frederick County The addition package for the streets listed in the Board's resolution dated July 8, 1998 for the referenced development has been forwarded to our Central Office in Richmond for processing. The Commissioner's Office will notify the Board when the addition has been approved. In the meantime if you have any questions, please let me know. SAM/rf xc: Mr. Jim Longerbeam Sincerely, Steven A. Melnikoff Transportation Engineer WE KEEP VIRGINIA MOVING oi��t�.. o COMMONWEALTH of VIRGIN][C,v DEPARTMENT OF TRANSPORTATION 690 DAVID R. GEHR EDINBURG RESIDENCY JERRYA. COPP COMMISSIONER 14031 OLD VALLEY PIKE RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984-5600 EDINBURG, VA 22824-0278 FAX (540) 984-5607 February 12, 1998 C' Dr. John McAllister Ref.: Deer Run of Sherando c/o J.E.J.P. Corporation and Warrior Driver Route 1, Box 198 Route 277 Stephenson, VA 22656 Frederick County Dear Dr. McAllister: On February 11, 1998 I performed an inspection at the referenced site to determine if additional work will be required prior to VDOT's acceptance of these roads. The following is a list of concerns that will have to be addressed. � Warrior Drive from Route 277 to approximately Station 8+00: The Contractor, E. R. Neff will complete construction of this section when weather permits. A .reinspection will be scheduled upon completion. � Warrior Drive from Station 8+00 to 12+50 and portions of Ivory Drive: These sections has several items needing attention. Warrior Drive • Regrade ditch lines to drain. • Fill and grade shoulders where needed. • Seed and mulch upon completion of regrading Ivory Drive • Remove and replace cracked sidewalk on Ivory Drive in front of Home Plate Site. WE KEEP VIRGINIA MOVING � Deer Run of Sherando - Deer Hill Court • Remove and replace cracked curb and gutter north of 117 Deer Hill Court. • Remove and replace one half of the cracked CG-9B entrance gutter at 109 Deer Hill Court. • Remove and replace cracked curb and gutter in front of 103 Deer Hill Court. • Install standard VDOT stop sign at intersection of Deer Hill Court and Ivory Drive. • Sweep all of Deer Hill Court to remove mud and gravel. Upon satisfactory completion of these concerns, a reinspection can be scheduled. In the meantime it may speed up the addition process if you begin gathering the required three sets of as -built plans, three copies of recorded plats, and all applicable quit claims from the utility companies. These are needed prior to assembling the addition package for these projects. Should you have any questions, please call. Sincerely, / Steven A. Melnikoff Highway Permits and Subdivision Specialist, Sr. SAM/ep pc: Mr. N. K. Sparks Mr. K. A. Steele Mr. Jim Longerbeam Mr. K. Tierney Mr. W. Miller I_ COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Planning Commission FROM: Wayne Miller, Zoning Administratorw*� SUBJECT: Deer Run of Sherando Patio Homes DATE: August 17, 1993 During a regular Planning Commission meeting on August 19, 1992, the Commission approved the subdivision of Deer Run of Sherando for 25 zero lot line patio homes. During that approval process you were presented sketch plans labeled "Deer Run of Sherando Typical Lot Layout. These sketch plans (copy attached) clearly showed paved 2 car parking areas. Staff believes the Commission approved this subdivision believing that the parking areas would be paved since that is what was represented. In a July 22, 1993 letter (attached) from the engineering firm representing the developer, they contend that there is no requirement for the parking lot to be paved. In a July 27, 1993 letter (attached) from staff, we advised them that we believe the Planning Commission approved this subdivision with the understanding that the parking would be paved since that is what was represented on the plans submitted to you. In an August 3, 1993 letter (attached), the engineering firm is objecting to our insistence that the parking lots be paved. They requested that this issue be presented to you and allow you to make the decision as to whether the parking should be paved. We are requesting your decision on this issue. NOTE: Although the staff believes that paved parking is very important to the appearance of this development, the ordinance does not specifically require it in the RP zoning district unless the parking is shared by more than one dwelling. WWM/slk attachment 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 ti' r ✓et, , gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 August 3, 1993 Wayne Miller Frederick County Zoning Administrator 9 North Loudon Street Winchester VA 22601 Re: Deer Run at Sherando Dear Wayne, I have received your letter and have the following comments. The fencing of the area is not an issue with me. I understand that an opaque fence is required. By copy of this letter I am letting Mr. d'Amecourt know that the Frederick County ordinance requires opaque fencing, 5 to 6 ft. in height. As far as the concrete driveways are concerned, I am disappointed in your characterization of our presentation before the Frederick, County Planning Commission as deceptive. I have never been, nor can I imagine a situation which could arise where there would be any reason to be less than forthright with the Planning Commission and its staff. Since I can not recall exactly what was said during the discussion of the patio homes, I would appreciate your providing me a copy of minutes of the Planning Commission meeting in question covering the Deer Run presentation. The concrete driveway requirement, as you might imagine, is an expensive addition to the plan. As you know we feel the paved drive should not be required. If you feel it is necessary, please place this subdivision on the next possible Planning Commission meeting agenda. It may be best to let the COMr;iiBSiOri deClde w ►ether concrete drives should be required. Regards on Mislowsky, P.E. RAM/bls cc: John d'Amecourt gilbert w. clif ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 July 22, 1993 Mr. Wayne Miller Frederick County Zoning Administrator 9 North Loudoun Street Winchester, Virginia 22601 Re: Deer Run Patio Homes Dear Wayne, Mr. John d'Amecourt called me the other day to ask about the fencing and driveway requirements for the Patio Homes. He indicated that you were referring to a sketch plan which showed significantly more fence than is required by the ordinance and concrete driveways. The lot layout sketch was drawn to answer two questions of the Planning Staff and Commission. The first was, will the planned building fit on a Patio Home lot? And second, with the building on the lot, was there room for off street parking? Our only intent in presenting the sketch to the Commission was to show that indeed the house and driveway could fit on the site. The sketch was not made part of the subdivision and the Commission approval, as 1 remember, was not conditioned on any builder developing the Deer Run lots as shown on the sketch. The letter from the staff indicating that the subdivision was approved by the Commission mentions only the submitted plan, not the plan and sketch. It is our opinion that the builder need only make the improvements shown on the approved plan and required by the Frederick County Ordinance. I'd be happy to meet with you in order to discuss this further. Regards, (Itkw on Mislowsky, P.E. RAM/kf cc: John d'Amecourt JEJP Corp. COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 July 27, 1993 Mr. Ron Mislowsky, P.E. Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Re: Deer Run Patio Homes Dear Ron: This is in response to your July 22, 1993 letter, concerning the requirements for the Deer Run patio homes. The Zoning Ordinance outlines the requirements for patio homes and clearly states that "a portion of the lot to the rear of the front wall of the house shall be fully enclosed by an opaque wall or fence of five (5) to six (6) feet in height". This fence or wall is considered an integral n paof the dwelling and must be built. Your client, Mr. d'Amecourt, recently advised me that he intended to put rail fences at the rear of some of these homes. This would not meet the ordinance requirement and could prevent a certificate of occupancy being issued for the dwelling. I recommend you clarify the ordinance requirements with your client. The sketch that was presented by you to the Planning Commission clearly depicts a paved parking area for these dwellings. By presenting this to the Commission with this depicted, and then say that you are not going to do this is deceptive. I believe the Planning Commission approved this subdivision believing that a paved parking area would be installed because that is what had been presented to them. The fact that I did not specifically say in my approval letter that paved parking was required in no way justifies it not being done because you made the commitment through your presentation to the Commission. I will expect this commitment to be honored. 9 North Loudoun Street P.O. Box 601 Winchester. VA 22601 Winchester. VA 22604 s Page -2- R. Mislowsky Ltr. July 27, 1993 I will be happy to discuss this with you if you desire. Sincerely, W. Nyne Miller Zoning Administrator WWM/slk cc: John d'Amecourt JETP Corp. bc: James L. Longerbeam, Back Creek District Supervisor James W. Golladay, Jr., Planning Commission Chairman Harvey E. Strawsnyder, Director of Public Works BK 5 3 9 K OF -A. 0 fF T 7 0 2 VICINITY MAP SCALE: 1"=2000' APPROVED BY Subdivision Administrator&). Date OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Deer Run Homes, Inc., a Virginia corporation, as appears in the accompanying plot, is with the free consent and in accordance with the desires of the undersigned owners, proph . nd trustees, if any. C NOTARY PUBLIC . . ...... 1, no1F%j a Notary Public in and for the state of Virginia 'at,.2 'certify large, do that F. Mw4f/;rfer- to the whose name is signed foregoing Owner's Consent, has acknowledged the some before me in my state. Given my hand this (04'L day 1993. under oflFcz-b— My commission expires TL. 31 111 G SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to Deer Run Homes, Inc., a Virginia Corporation, 'by deed of release dated July 20, 1993, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 801 at Page 644. The Deed of Dedication for Deer Run of Sherando is recorded in Deed Book 792 at Page 80Z,.- I S. W. Marsh, L. S. Boundary Line Adjustment between Lot 15 — Deer Run of Sherando IH pF and Open Space — Deer Run of Sherando Opequon Magisterial District Frederick County, Virginia S. W. MARSH z CD CERTIFICATE NO, l—I Date: December 8, 1993 Sheet 1 of 2 1843 � gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS ND150—C 01de Greenwich Drive 200 North Cameron SU Fredericksburg, Virginia 22401 Winchester, Virginia Street 22601 (703) 898-2115 (703) 657-2139 *0 1 I 1 1 \ ; D W E L L I N G LOT .1 4Z041 1 1 usneeW�,ea 1 ^�IRF S 8759'39" E L--—� 80.00' O � DEER HILL II LOT 15 COURT N Original Area=4,041 SF 50' R/v�/ O Driveway �Ls' _Adjusted Area=4,342 SF Zoned.• -RP— �i Xle1b,/Use: Residentiol 1NF S t� f eden y Wp Open Space Original Area=50,027 SF Adjusted Area=49,726 SF LEGEND: IRF Iron Rod Found IRS Iron Rod Set �_T H OFAb L S. W. MARSH Z o CERTIFICATE NEI, v 1843 a C0 r Gs°r���,s &�,90 Zero Lot Line NaI In Cone. Found / ON '—Original Boundary Line IRS Zoned RP U— open Spat° Boundary Line Adjustment Lot 15 — Deer between Run of Sherando and Open Space — Deer Run of Sherando Opequon Magisterial District Frederick County, Virginia DATE: December 13, 1993 1 SCALE: 1 "=20' SHEET 2 OF 2 gilbert w. Clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS 50—C aide Greenwich Drive redericksburg, Virginia 22401 200 North Cameron Street 703) 898-2115 Winchester, Virginia 22601 (703) 667-2139 VIRGINIA: FREDERICK COUNTY, SCT. DRBLAI S.DWG This instrument of wr ing was to on the y ofG�ft,G� 19. , nd with certificate of acknowledgment thereto annexed was admitted to record. CLERK .. W }! J J C' uGl �e .1' a 00 0 l 8 211 y •� ..A. VICINITY MAP 1 SCALE: 1'=2000' APPROVED BY Subdivision Administrator 1z 1 Date OWNER'S CERTIFICATE The above and foregoing subdivision of the land of J.EJ.P. Corporation, a Virginia corporation, as appears in the accompanying plot, is with the free consent and in accordance with the desires of the undersigned owners, pro ' ors and trustees, if any. NOTARY PUBLIC i, 6�t S�-�r a Notarjy Pu lic in and for the state of Virginia at large, do c rtify that T° n E• /�'l�/�l(� P,r , whose name is signed to the foregoing Owners Consent, has acknowled ed the some before me in my state. Given under my hand this&t-day of efember 1993_ My commission expires 1 � (' r SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to J.E.J.P. Corporation, a Virginia corporation, by deed dated 2 March 1990 said deed recorded in the Office of the Cler of the Circuit Court of Frederick County Virginia in Deed Book 740 at Page 515. 1 e Deed of Dedication for Deer Run of Sherando is recorded in Deed Book 792 at Page 8 2. Douglas C. Leg , L.S. Boundary Line Adjustment between Lot 16 & 17 N Deer Run of Sherando L3 H pF and �P r� Open Space N Deer Run of Sherando Opequon Magisterial District Frederick County, Virginia DOUGLAS C, LEGGE z a CERTIFICATE NO, Date: December 13, 1993 Sheet 1 of 2 v 1197 a gilbert w. clifford & associates, inc. CERTIFIED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C aide Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-21 39 CURVE RADIUS LEN(,i H TANGENT CHORD BEr,r�ING DELTA C1 25.00' 20.35' 10.78' 19.80' S 72'54'18" W 46'38'44" C2 50.00' 8.56' 4.29' 8.55' S 88'40'40" E 09'48'41" C3 50.00' 43.49' 23.23' 42.13' N 61'29'50" E 49'50'20" �P\-TH �F A 6 e* AA C' L o CERTIFICATE NO, v /19 rZ �C LAND b SURVEYOR m o �5 \\\ -Lone ds- de ti�at ^ o use' Re g0. I o Vol, / N J � 0 O h _J I ^ �� "'1 Lot 16 N Originain I l Area=3,955 SF r- CD Adjusted Area=3,775 SF o�, a o N / I � Zoned: RP ca Use: Vacant I o0 11 E 72.58 T Zero Lot rr e Lot 17 I riginal Area=4,200 SF 1justed Area=4,075 SF Zoned: RP I Use: Vacant —� — — 88.40 Lot 14 Zoned: RP I Use: Vacant Boundary Line Adjustment between Lot 16 & 17 N Deer Run of Sherando and Open Space N Deer Run of Sherando Opequon Magisterial District Frederick County, Virginia DATE: DECEMBER 13, 1993 1 SCALE: 1"=20' 1 SHEET 2 OF 2 gilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 50—C Olde Greenwich Drive 200 North Comeron Street 7ederick3burg, Virginia 22401 Winchester, Virginia 22601 703) 898-2115 (703) 667-2139 DR16178A.DWG oVD|nr-., NOW Aw VICINITY MAP SCALE. 1"=2000' APPROVED BY Subdivision Administrator Dote OWNER'S CERTIFICATE The above and foregoing subdivision of the land of JE.J.P. Corporation, a Virginia corporation, as appears in the accompanying plot, is with the free consent and in accordance with the desires of the undersigned owners, proprietors and trustees, if any. 1, a Notary Public in and for the state of Virginia at--'� large, do c�rtify that . :jP&^ 6-- MAK Oe whose name is signed to the, foregoing Owner's Consent, has acknowledged the same before me in my state. Given under my hand this 140- day of D-ecemo3er 1993. My commission expires T-11 SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to J.E.J.P. Corporation, a Virginia corporation, by deed dated 2 March 1990, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 740 at Page 515. The Deed of Dedication for Deer Run of Sherando is recorded in Deed Book 792 at Page 802. Boundary Line Adjustment between Open Space Deer Run of Sherando Opequon Magisterial District Frederick County, Virginia CERTIFICATE N11, Date: December 13, 1993 Sheet 1 of 2 1197 CERTIFIED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C 01de Greenwich Drive 200 North Cameron Street SURVEYD Fredericksburg, Virginia 224-01 Winchester, Virginia A226O1 CURVE RADIUS LENG Iri TANGENT CHORD BE„rZING DELTA Cl 25.00' 20.35' 10.78' 19.80' S 72'54'18" W _ 46'38'44" C2 50.00' 8.56' 4.29' 8.55' S 88'40'40" E 09'48'41" C3 50.00' 43.49' 23.23' 42.13' N 61'29'50" E 49'50'20" r o CERTIFICATE NO, �. v 119 .b C TI E '3 LAND SURVEYOR_ C a 1 5 � J \\\ -L ds\ae Re03 o ��-Ldc gat I � I m 0 h ail I^ N1 Lot 16 I r I � o 2 a) Ar Original ea=3,955 SF �. a Adjusted Area=3,775 SF I C) M CD Of cn 1 a.�ll II C: / Zoned: RP Use: Vacant 00 p, N .. 11 E 72.58T 00 9 Zero Lot Una F .M O » 0 Lo Lot 17 iriginal Area=4,200 SF I djusted Area=4,075 SF Zoned: RP I Use: Vacant �t Lot 14 Zoned: RP I Use: Vacant IBoundary Line Adjustment between Lot 16 & 17 N Deer Run of Sherando and Open Space ti Deer Run of Sherando Opequon Magisterial District Frederick County, Virginia DATE_ DECEMBER 13, 1993 SCALE: 1"=20' 1 SHEET 2 OF 2 gilbert w. clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C Olde Greenwich Drive 200 North Cameron Street Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 VIRGINlk FREDERICKCOUNTY, SC1. DR1617BA.DWG This instrument of writing was pMduced to on the y off " C- 19 - s° and with certificate of acknowledgment thereto annexed was admitted to record. CLERK ,. :t ! ,` •1 .r�� C'J �• _mot\ li;o ,`, '�; 1, o '• 'S2 • • Q- c�J 1 / •-' ,'A•.•• VICINITY MAP o • SCALE: 1'=2000' n APPROVED BY w 46) Subdivision Administrator Date OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Deer Run Homes, Inc., a Virginia corporation, as appears in the accompanying plat, is with the free consent and in accordance with the des' s of the undersigned owners, pr ors and trustees, if any. C i>< of Wf'..�, eS : � . y NOTARY PUBLIC 1, cI,(ZY STg-FLP , a Notary Public in and for the state of Virginia at large, do certify that TOGA E. & c A l U sie r- , whose name is signed to the foregoing Owners Consent, has acknowledged the some before me in my state. Given under my hand this f0t-day ofD_ece-6(' 1993. Q M commission expires s' \\ SURVEYOR'S CERTIFICATE 1 hereby certify that the land contained in this subdivision is a portion of the land conveyed to Deer Run Homes, Inc., a Virginia Corporation, 'by deed of release dated , July 20, 1993, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 801 at Page 644. The Deed of Dedication for Deer Run of Sherando is recorded in Deed Book 792 at Page 802. W. S. W. Marsh, L.S. Boundary Line Adjustment between Lot 15 — Deer Run of Sherando H p,� and Open Space — Deer Run of Sherando C` Opequon Magisterial District Frederick County, Virginia S. W. MAR ' o CERTIFICATE NO. - Date: December 8, 1993 Sheet 1 of 2 v 1843 a gilbert w. clifford ' & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS <qti 150—C 01de Greenwich Drive 200 North Cameron Street I% SUIFredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 rL1 1 1 I 1 r—J I E X I S T I N G 1 DWELLING 1 L O T 1 4 I I Zoned; RP I I Use: ResfdegUat IIRF S 87*- 9'39" E 80 00'�—� I O I DEER HILL II I LOT 15 1 N Original Area=4,041 SF COURT 15' B.R_L� A�usted Area=4,342 SF O� Drive*cy ! —-zoned.•-RP- 50' R T � Q j / Use. Residenfiol LEGEND. IRF Iron Rod Found IRS Iron Rod Set 1 H �F f S. W. MARSH Z a CERTIFICATE NO. ., v 1843 �. I I I Zero Lot Line I Nal In Conn Found �N h �7 ►o 141prT� 1 IRS �� ?0 C —Original Boundary Line Zoned: RP User Open Space Open Space Original Area=50,027 SF Adjusted Area=49,726 SF Boundary Line Adjustment between Lot 15 — Deer Run of Sherando and Open Space — Deer Run of Sherando Opequon Magisterial District Frederick County, Virginia DATE: December 13, 1993 SCALE: 1 "=20' SHEET 2 OF 2 gilbert w. clifford & associates, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS 50—C aide Greenwich Drive 200 North Cameron Street 'redericksburg, Virginia 22401 Winchester, Virginia 22601 703) 898-2115 (703) 667-2139 DRBLAI5.DWG J Frederick County Sanitation Authority. Planning Commission --_____ Subdivision Administrator_—_— a to-1 7te�J�—�� Ite / Virginia Deportment-9of Transports ion-- —----�`�____ ._ Date_Z2 OWNER'S CERTIFICATE The above and foregoing subdivision of the land of J.E.J.P. Corporation, a Virginia corporation, as appears in the accompanying plat, is with the free consent and in accordance with the desires of the undersigned owners, proprictors_5nd. trustees, if any. E. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to J.E.J.P. Corporation, a Virginia corporation, by deed dated 2 March 1990 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 740 at Page 515. awh"'G . Douglas C. Legge, C.L.S. Final Plat 01(703) Deer Run of Sherando Opequan Magisterial District Frederick County, Virginia DO GLu CERTIDATE: OCTOBER 30, 1992 SHEET 1 OF 6 gilbert w. Clifford & associates, inc. CENGINEERS — LAND PLANNERS — SURVEYORS 150—C 01de Greenwich Drive SFredericksburg, Virginia 22401 200 North Cameron Street 703) 898-2115 Winchester, Virginia 22601 (703) 667-2139 nn t CURVE DATA CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 1555.00 420.93 211.76 419.65 S 60'56 39 W 15'30 35 2 50.00' 26.18' 13.40' 25.88' N 51 '48'33" W 2959'48" 3 225.00 44.43 22.29 44.36 N 58'50 59 E 11 '18 54 4 7000.00 315.05 158.84' 313.75' N 5528 54 E 18'03'04 5 35.00 45.88 26.90 42.66 N 7421 28 W 75'05 58 6 35.00' 9.10 4.58' 9.08' S 6038'32" W 14 54'02" 7 250.00 16.46 8.23 16.46 S 55'04 43 W 03'46 23 8 250.00' 32.91' 16.48' 32.88' S 60*44*10" W 0732'31 9 9 75. 00 46.39 23.20 46.39 S 63'08 39 W 02'43 34 10 975.00' 51.44' 25.73' 51.43' S 60'16'11" W 03'01'22" 11 9 75. 00 52.23 26.12 52.22 S 5 7'1325 W 03.04 09 11 12 975.00' 51.64' 25.83' 51.63' S 54'10'18" W 03'02'05" 13 975.00 49.55 24.78 49.54 S 51'11 55 W 02'54 142 14 25.00' 21.75' 11.52' 21.07' S 24*48*56" W 4951'15" 15 50.00 38.25 20.12 37.32 S 21'48 13 W 43'49 48 16 50.00' 30.17' 15.56' 29.71' S 61'00'16" W 34'34'19" 17 50.00 30.17 15.56 29.71 N 84'25 25 W 3434 19 18 50.00 30.17' 15.56' 29.71' N 495107" W 3434'19" 19 50.00 30.17 15.56 29.71 N 15'16 48 W 3434 19 20 50.00' 30.17' 15.56' 29.71' N 1917'30" E 3434'19" 21 50.00 43.49 23.23' 42.13 N 61'29 50 E 49'50 20 22 50.00' 8.55' 4.29' 8.55' S 88'40'40" E 09'48'41" 23 25.00 20.35 10.78 19.80 N 72 54 18 E 4638 44 24 1025.00' 24.81' 12.41' 24.81' N 50'16'32" E 01 *23'13" 25 1025.00 47.69 23.85 47.68 N 52'18 07 E 0239 56 26 1025.00' 51.74' 25.88' 51.73' N 55'04'51" E 02'53'32" 27 1025.00 54.54 27.43 54.84 N 58'03 35 E 03'03 57 28 1025.00' 55.83' 27.92' 55.82' N 51*09*10" E 03'07'14" 29 1025.00 32.09 76.05 32.09 N 63'36 37 E 01'47 38 30 200.00' 24.24' 12.13' 24.22' N 61'02'08" E 06.56'36" 31 200.00 15.26 7.63 15.26 N 5522 41 E 04'22 18 32 35.00' 10.14' 5.11' 10.11' N 44*53*29" E 16'35"06" 33 35.00 44.84 26.09 41.83 N 00'06 31 W 73'23 54 34 45.00 67.72' 42.73' 61.51' N 06'18'08" E 86'1313 35 50.00 78.54' 70, 71' S 08*11'21" W 90'00 00 36 50.00 34. 72' 1 1 4 S 5642'12" E 39'47 28 AREA SUMMARY AREA IN LOTS = 2.3406 ACRES AREA IN R1W = 1.0203 ACRES AREA IN OPEN SPACE = 1.1919 ACRES TOTAL AREA SUBDIVIDED = 4.5528 ACRES NUMBER OF LOTS 25 AVERAGE LOT SIZE = 4,078 SQ. FT. �-IH °F 'A Z a CERTIFICATE N t�97D �� .� ?z C RTI IED LAND SURVEYOR Deer Run of Sherondo DATE: OCTOBER 30, 1992 Revised 12/22/92 CURVE TABLE gilbert w. clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS 150-C Olde Greenwich Drive 200 North Cameron Street Fredericksburg, Virginia 22401 wnchester, Virginia 22601 (703) 898-2115 (703) 667-2139 SHEET 2 OF 6 RL'70-/ i, ^nn-I 1 FUTURE DEVELOPMENT ZONED RP WATER AND SANITARY z i SEWER EASEMENT era �w- KIau wl L FUTURE DEVELOPMENT ZONED B2 a I 1— z I W W W Ul W U z z R z 0 N4974'45"E I 231' N3 07 1.78 1 "E \-55371'21'W-14.42' SETBACK REQUIREMENTS 2& 00 F20' DRAINAGE EASEMENT I I I N 5371'J2" E 174.50' 2100' 26. 49.00' 49.60' 56.Z1 N Z z Vi 6$74 p6. E 749 48, A a I a l u y 4.01. L m o N 1 m 2 Zai� lop I I 4,161 SF irn I 3,998 SF I 4,200 SF rq w m I� a' 4 o �i y N o V' I / 3.834 SIF / A o L G Z 5 \ G 10 � N +ou 6 40.007.71' 7 8 INS 1214 1— SANITARY SEWER EASEMENT 47.00• N 5371'J2" E 127.71' rq 3 �64 Co wDEER HILL COURT ti 50' R1W2eo E 0 DRAINAGE EASEMENT w [_ 37.00' 30.71' 3 z z J967' z w G U p N G O I O O o Z Tl � ZE O ,3 49' zoo' 25.00' 25.00' S 5371J2' W 5aOO' r to be Dedicated- 359 SF FRONT 25' REAR 15' SIDE 15' BETWEEN DWELLINGS H p� 1:7DQUGLAS C. -LEG o CERTIFICATE N J "N� C LAND _ SURVEYORS / m W Gi 01 ZE 1 3.992 SF I u 4,180 SF I I 23 m 4,197 SF I v I ;22 o 00 4.202 SF 47.00' S238' J285' a67' S 5377'10" W 132.2J' S 57.71'6050— q 24 ,Area to be Dec9coteda6J SFOPEN SPACE 50,027 SF 80' .ROAD EFFICIENCY BUFFER 35.60' -- S 5371 21" 1f' --- 1, EXISTING WARRIOR DRIVE (FORMERLY GOLLIDAY ROAD) 60' R/W Deer Run of Sherondo DATE: OCTOBER 30, 1992 Revised 12/22/92 SCALE: 1 "=50' gilbert w. Clifford do associates, inc. SHEET3 ENGINEERS - LAND PLANNERS - SURVEYORS OF 150-C Olde Greenwich Drive 200 North Cameron Street 6 Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 FU77JRE ; i t v 2 r 0' 2 2 DEVIMOPMENT ZONED RP N 61 N 6574 08.E 16" 149 48' S E 9 45•'10 '^ - y 46?6• N 58174'02" E 32A0 Z5. N 47.2J' 142. 68' N s u H 47.89' 47?0 10 rr 0 At 47.56, 4 `6 y + in 4,166 SF z 11 J�. / 5 4 + � u N �I lam I 3.877 SF I �. ' 6 4i 7 v `+ > o n Ib 3,974 SF i �. 1 4,062 SF �� f 3.922 SF I �. 14.035 SF Im ^+ o a n + m L I Im N 3,67' v `'Va u 14 v" I 5 3 64:TO?6' 10 W 1 40 rn -- - W h DEER yILL a — COUR l 50, RAW � 2 V 2 v o 2 22 �:I w �Z z 5 tG �I 21 V I m '0 Z / 4,197 SF 4i d DRAINAGE I 4,198 SF f 19 Vim', EASEMENT u 15 J 4,198 SF I 18 F17 � N I V 5, 59 7 � J � o I 4.200 SF I m � 4,200 SF I v I 16 j1 6q�0 µ. g �I o l3 3.955 SF f� f sear I m 80' ROAD 241.07' 55.97 _J EFFICIENCY 13UFFF Sz 13' b I 5 6074.17' W 45.80' 65.65' c 5 53 44'5J" W S 57'16 _ 07" W O OPEN SPACE 50,027 SF �t �_ 32515, III � ,0415 � 5 � 1 VALACE AT SHERANDO EXISTING WARRIOR DRIVE OPEN SPACE (FORMERLY GOLLIDAY ROAD) ZONED RP 60'R/W � I PATH °p Deer Run of Sherondo DATE: OCTOBER 30, 1992 SCALE: 1"=50' C3 CERTIFICATE NO. -. v 1197 SHEET gilbert w. clifford & associates, inc. 4 C T IED ENGINEERS — LAND PLANNERS — SURVEYORS OF LAND SURVEYOR 150-C aide Greenwich Wve Fredericksburg, Virginia 22401 200 North Cameron Street 6 (703) 898-2115 wmchester, Virginia 22601 (703) 667-2139 . FUTURE DEVELOPMENT ZONED RP 9 /SEE 5!-jEET 6 OF 6 / /,t 7776, N 61 V0'16" E o+ v_ 112.63' a c 135 37' m 4,041 SFCO ' o to ^1y 12 \ rry 4.041 SF -- --- - 6 - C.) Cp 1 90. Sg- /, A to �+ + 52 'A 13 :o 0 \$ r4.041 SF 1 a 1 OPED � \ rn 50. S 5776'02' W 80.00 DEER HILL COURT ry 50' R/W 9 / 14 4.041 SF-7 5' 41, ry �wlb ORAINACE a c� 18 i I 15 17 tr ` 4,041 SF\ /J 16 �.'T H o,- �P r r Z DOU AS C. LEG Z o CERTIFICATE NO. �. U CAV�� LAND SURVEYOR 12 \ FREDERICKTOWNE ESTATES ZONED RP 25 - en cn 26 SPACE 7 SF O N i 5 �9 � � 3�5•} 5' ►� / VILLAGE AT SHERANDO 5 3k04t51 OPEN SPACE ZONED RP Deer Run of Sherondo DATE: OCTOBER 30, 1992 SCALE: 1 "=50' 27 gilbert w. clifford & associates, inc. SHEET 5 ENGINEERS - LAND PLANNERS - SURVEYORS OF 150—C Olde Greenwich Drive 200 North Cameron Street 6 Fredericksburg, Virginia 22401 Winchester, 'Wginlo 22501 (703) 898-2115 (703) 667-2139 aK70Zit;Oc12t 10 � \ FUTURE DEVELOPMENT \ ZONED RP \ • �40 �r 12 \ FREDERICKTOWNE / ES TA TES ZONED RP 9344570 to 77.26• N 61, 15. p•E" rn + 00'16' E 212 63' cn 135.37' 25 , 10 w tin I oo m 4.041 SF /� �' P&. E. N D in ;~ry 12 \ 9 n, 4,041 SF 4,035 SF ' �^ C7 0� ate" ; 6 h p0 N 5 1 / \1 80" wS y25� J1� u; 26 ® /.J � ' R T ( a041 SF 1 y DEER HILL C0U� 1 1 OPEN SPACE 50,027 SF 50' RIW S 577602' W Rn fin. 27 Vq �'T" °p r Deer Run of Sh eron do DATE: OCTOBER 30, 1992 SCALE: 1 "=50' • z o CERTIFICATE N �. v IIVF� // gilbert w. clifford & associates, inc. SHEET L2 6 CE((((((E�t��jjjj ENGINEERS — LAND PLANNERS — SURVEYORS OF LAND 150—C Oide Greenwich Drive 200 North Cameron Street 6 SURVEYOR Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 t703) 667-2139 VIRGINIA: MCIDERICK CCUN-17Y, SCT. This instrurnont o wr. g was pr to me on th©=� 192at_'� n�l cxrti?cate of acknowledgment tirsroto a,ioex--d was admitted to record. JOT CLERK i COUNTY of FREDERICK TO: FROM: SUBJECT: DATE: Department of Planning and Development MEMORANDUM John Trenary, Building Official Wayne Miller, Zoning Administrator(/t/t Deer Run of Sherando July 16, 1993 703 / 665-5651 Fax 703 / 678-0682 I recently talked to Mr. John d'Amecourt concerning the zero lot line patio homes he is constructing in the Deer Run of Sherando subdivision. I also visited this site on July 16, 1993, and observed that some of these homes are nearing completion. Mr. d'Amecourt said that he was not aware that these houses were required to have fully enclosed patios and paved parking. The zoning ordinance requires the enclosed patios as these are really part of the dwelling. When this development was presented to the Planning Commission the developer's representative provided a typical lot layout plat (copy attached). These clearly show paved parking lots and the required enclosed patios and this is what was approved by the Planning Commission. Request you do not issue any certificates of occupancy for this development until these lots are completed in this configuration. Please let me know if you have any questions. WWM/slk attachment 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 c ear F� o f cJo Typical --- --- mot --- Layc)L z -------- PAVED \ l 2 CAR y PARKING NO WINDOWS — ON ZERO LOT O LINE WALL DEER RUN LANE NO ON STREET PARKING ALLOWED CG-9 i � N I cn 20" 15 TYPICAL SETBACK N n �I 1700 SF (MIN.) PATIO AREA I BOARD FENCE PER FREDERICK COUNTY ZONING REQUIREMENT GRAPHIC SCALE ( v+ reer t inch = 25 M Gilbert W. Clifford and Associates, Inc. Engineers Land Planners Surveyors L50 C ❑Ide Greenwich Dr. 200 North Cameron St. Fredericksburg, Virginia 22401 Winchester, Virginia 22601 MAIN OFFICE 905 Seneca Road Great Falls, VA 22066 703 •450 •7950 A WINCHESTER OFFICE P.O. Box 337 Stephens City, VA 22655-0337 703 •869 •6900 FAX 703 •869 •6997 May 17, 1993 W. Wayne Miller - Zoning Administrator County of Frederick Department of Planning and Development 9 N. Loudoun Street Winchester, VA 22601 Dear Mr. Miller: 51P -- 7t�tw I This is to inform you of the status of our at�pts to move our model home from its temporary site at corner of Rt 277 and Warrior Road in the Village of Sherando subdivision to its permanent site at Deer Run by May 30. The road is still impassible for a house moving trailer. The sewer line is just being completed and the water lines are due to begin soon. That will be followed by final grading of the street, after which we should be able to make the move. I have asked Buckley & Leges when that might occur. They have a May 30 deadline, but may exceed it somewhat. As you know, we have made arrangements with house movers and would like to get this done. We are going ahead with a foundation and will apply for a permit today. Whatever extension you can give us would be appreciated. 905 Seneca Road Great Falls, VA 22066 Sincerely, P John d'Amecourt i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 March 16, 1992 Deer Run Homes, Inc. P.O. Box 337 Stephens City, VA 22655 Attn: Mr. John d'Amecourt Dear Mr. d'Amecourt: The deadline for moving the sales model home located at the corner of Route 277 and Warrior Road is hereby extended to May 30, 1993. Future extension will not be available unless there is a major hardship involved. I will be available to answer any questions you may have. Since ely, W. W ne Miller Zoni Administrator WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 July 27, 1993 Mr. Ron Mislowsky, P.E. Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Re: Deer Run Patio Homes Dear Ron: This is in response to your July 22, 1993 letter, concerning the requirements for the Deer Run patio homes. The Zoning Ordinance outlines the requirements for patio homes and clearly states that "a portion of the lot to the rear of the front wall of the house shall be fully enclosed by an opaque wall or fence of five (5) to six (6) feet in height". This fence or wall is considered an integral part of the dwelling and must be built. Your client, Mr. d'Amecourt, recently advised me that he intended to put rail fences at the rear of some of these homes. This would not meet the ordinance requirement and could prevent a certificate of occupancy being issued for the dwelling. I recommend you clarify the ordinance requirements with your client. The sketch that was presented by you to the Planning Commission clearly depicts a paved parking area for these dwellings. By presenting this to the Commission with this depicted, and then say that you are not going to do this is deceptive. I believe the Planning Commission approved this subdivision believing that a paved parking area would be installed because that is what had been presented to them. The fact that I did not specifically say in my approval letter that paved parking was required in no way justifies it not being done because you made the commitment through your presentation to the Commission. I will expect this commitment to be honored. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Page -2- R. Mislowsky Ltr. July 27, 1993 I will be happy to discuss this with you if you desire. Sinc rely, 4 W. W yne Miller Zoning Administrator WWM/slk cc: John d'Amecourt JEJP Corp. bc: James L. Longerbeam, Back Creek District Supervisor James W. Golladay, Jr., Planning Commission Chairman Harvey E. Strawsnyder, Director of Public Works MAIN OFFICE 905 Seneca Road Great Falls, VA 22066 703 •450 •7950 F-A-1 WINCHESTER OFFICE P.O. Box 337 Stephens City, VA 22655-0337 703 •869 •6900 FAX 703 •869 •6997 March 12, 1993 W. Wayne Miller Zoning Administrator County of Frederick Department of Planning and Development 9 N. Loudoun Street Winchester, VA 22601 Dear Mr. Miller: This is to request an extension of the March 31 deadline for moving our temporarily located sales model now situated at the corner of Rt 277 and Warrior Road in the Village of Sherando subdivision. While we have made arrangements with movers to proceed, the street to the lot in the Deer Run section where the model will be permanently situated is not yet passable for a trailer carrying the house. A sewer line is being installed down the middle of the street, and progress has been slow due to bad weather and rock encountered. Until the line is in and the street surfaced to some extent, we do not believe it is safe to move the house to the lot. I hesitate to predict when the street will be passable. Several anticipated completion dates have passed already. I plan to go ahead with the foundation while the sewer line is going in, and will move the house at the first opportunity. A 30-60 day extension ought to be sufficient. Thank you for your consideration. 161993 Sincerely, John d'Amecourt wry M COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER - March 31, 1993 Mr. Mike Hammer C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Mike: WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE (703) 984-4133 FAX (703) 984-9761 Ref: Deer Run at Sherando Route 277 Frederick County We are in receipt of the above referenced project's revised utility service location and driveway entrance plan. We have no further comment on the plan. Again, we appreciate the developer's willingness to implement those suggestions we discussed at the preconstruction conference and thank you for the opportunity to review the plan. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. Steve A. Melnikoff Mr. Robert W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY COMMONWEALTH of III'; CINI. DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER March 18, 1993 Mr. Mike Hammer C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Mike: 191993 WILLIAM H. BUSHMAN .E� -ENT ENGINEER TELE:703)984-4133 F;:Y.:703) 984-9761 Ref: Deer Run at Sherando Route 277 Frederick County We have reviewed the revised site utilities and driveway entrance plan for the referenced project submitted with your letter of March 9, 1993. Listed below are our comments: 1. The proposed driveway entrance locations appear satisfactory as proposed provided a minimum 2' can be maintained between the edge of the driveway and the adjacent property line. Also, 16' is the desired minimum width for the proposed CG-9B entrance gutter. A minimum 12' width can be acceptable within the cul-de-sac or other areas where 16' cannot be obtained. 2. The proposed "double barrelling" of the water services is acceptable. However, we do suggest a slight modification to the services to Lots 18 & 19 as shown in blue on the enclosed plan. We have also shown in green locations where we feel it would be advantageous to double up on the sewer service laterals. Of course this would depend on the Frederick County Sanitation Authority's concurrence and the proper elevation of the main to the lot. I We appreciate the developer's willingness to implement those suggestions which were discussed at the preconstruction conference and thank you for the opportunity to review this proposed cha,ige. Please give me a call if you should want to. discuss the above. Sincerely, William H. Bushman Tran Resident/E�ngi/n%ee/r / By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosure xc: Mr. Steve A. Melnikoff, Mr. John Whitacre, Mt. Robert W. Watkins, Mr John McAllister TRANSPORTATION FOR THE 21 ST CENTURY TIIOMASLAµ LOUTHAN, P.C. w�Nc'xxam a. ve Ir- Q8)02 THIS DEED OF DEDICATION, made and dated this / 7 day of February, 1993, by and between J.E.J.P. CORPORATION, A Virginia Corporation, party of the first part, hereinafter called the DECLARANT; the COUNTY OF FREDERICK, VIRGINIA, party of the second part; Thomas A. LOUTHAN, Sole Acting Trustee for Dominion Bank, National Association, party of the third part; DOMINION BANK, NATIONAL ASSOCIATION. Beneficiary, Successor in Interest to Dominion Bank of Shenandoah Valley, National Association, party of the fourth part; and H. Edmunds COLEMAN, III., Sole Acting Trustee for Robert J. Snyder, Beneficiary, party of the fifth part. WHEREAS, the Declarant is the owner in fee simple of the real estate shown on the attached Final Plat of Deer Run of Sherando,, drawn by Douglas C. Legge, Certified Land Surveyor, dated October 30, 1992 and revised December 22, 1992, and the attached Plat Showing 1,103 Square Foot Parcel to be Dedicated to The County of Frederick, dated December 22, 1992, known as DEER RUN OF SHERANDO, which property is further described on the Final Master Development Plan of Deer Run of Sherando as filed in the Office of the Frederick County, Virginia, Department of Planning and Development; and WHEREAS, this is a 4.5528 acre parcel, which is a portion of the 39.6054 acre parcel of real estate conveyed to the Declarant by Deed dated 2 March 1990, from Robert J. Snyder, by M. Elizabeth Sargent, his Attorney -in -Fact, and of record in the Clerk's Office of the Circuit Court of Frederick County., Virginia, in Deed Book 740 at Page 515; and WHEREAS, the said 39.6054 acre parcel is subject to a Credit Line Deed of Trust dated 2 March 1990, of record in the aforesaid Clerk's Office in Deed Book 740 at Page 525, to secure Dominion Bank of Shenandoah Valley, National Association, a certain indebtedness described therein; and said 39.6054 acre parcel is further subject to a Purchase Money Deed of Trust dated 2 March 1990, of record in the aforesaid Clerk's Office in Deed Book 740 at Page 531, to secure Robert J. Snyder, a certain indebtedness described therein; and WHEREAS, the Declarant is also the owner in fee simple of that certain 15.3000 acre parcel of real estate adjacent to the said 39.6054 acre parcel, more particularly described on the attached plats as "future development," conveyed to the Declarant by Deed dated 2 March 1990, from Robert J. Snyder, by M. Elizabeth Sargent, his Attorney -in -Fact, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 740 at Page 515; and WHEREAS, the said 15.3000 acre parcel is subject to a Purchase Money Deed of Trust dated 2 March 1990, of record in the aforesaid Clerk's Office in Deed Book 740 at Page 540, to secure Robert J. Snyder, a certain indebtedness described therein; and said 15.3000 acre parcel is further subject to a Credit Line Deed of Trust dated 2 March 1990, of record in the aforesaid Clerk's Office in Deed Book 740 at Page 548, to secure Dominion Bank of Shenandoah Valley, National Association, a certain indebtedness described therein; and THOMASLA. LOUTHAN, P.C. BK0,03 WHEREAS, the Declarant desires to provide easements of right-of-way across the 39.6054 acre parcel and the 15.300 acre parcel for the purposes of ingress to and egress from Deer Run of Sherando to Virginia Route 277 as follows: (1) fifty feet (50') in width, more particularly shown on the attached plats as Deer Hill Court; and (2) fifty feet (50') in width, more particularly shown on the attached plats as Jefferson Village Court; and WHEREAS, the Declarant desires to dedicate Deer Hill Court and Jefferson Village Court as public streets; and WHEREAS, the Declarant further desires to dedicate that 1,103 Square Foot Parcel of land; and WHEREAS, said real estate, as shown on the aforesaid attached plats has been subdivided into lots for the construction of single-family patio homes thereon, and the attached plats shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as common open space, drainage easements, and utility easements, over and across said lots, all of which shall constitute a portion of that development known as DEER RUN OF SHERANDO, and which common open space shall be owned and maintained by the Deer Run of Sherando Homeowners Association, Inc. upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into Lots to be known as DEER RUN OF SHERANDO. The subdivision of said real estate and the easement of right-of-way from this subdivision to Virginia Route 277, as it now appears on the aforesaid attached plats, is with the free consent and in accordance with the desires of the undersigned Declarant, Trustees, and Beneficiaries, and the parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the Declarant does hereby subdivide, grant, and dedicate in fee simple all of that certain tract or parcel of land designated as DEER RUN OF SHERANDO, and does hereby dedicate unto the County of Frederick, Virginia: (1) as public streets, those certain roadways designated as Deer Hill Court and Jefferson Village Court on the plat of Deer Run of Sherando, lying and being situate in the Opequon Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid Final Plat of Deer Run of Sherando, drawn by Douglas C. Legge, Certified Land Surveyor, dated October 30, 1992 and revised December 22, 1992, and (2) that certain 1,103 square foot parcel lying and 2 TIIOMASLA. LOUTIIAN, P.C.ol BK79'l'rflB)0 being situate in the Opequon Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid Plat Showing 1,103 Square Foot Parcel to be Dedicated to The County of Frederick, dated December 22, 1992; both known as DEER RUN OF SHERANDO, and both attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plats are drawn in conformity with the Final Master Development Plan for Deer Run of Sherando on file in the Office of the Frederick County, Virginia, Department of Planning and Development. This a portion of the same 39.6054 acre parcel of real estate conveyed to the Declarant by Deed dated 2 March 1990, from Robert J. Snyder, by M. Elizabeth Sargent, his Attorney -in -Fact, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 740 at Page 515. The Declarant hereby.declares that all of the properties described above and shown on the plats attached hereto shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the land and shall be binding upon all parties having any right, title or interest in and to the aforesaid properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Deer Run of Sherando Homeowners Association, Inc., a Non Stock Virginia Corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of Deer Run of Sherando, as shown on the attached plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereinafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is hereinabove described as common open space and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 5. "Lot" shall mean and refer to any of the Lots designated upon the plats of Deer Run of Sherando, with the exception of the Common Area. 3 THOMASLA. LOUTIIAN. P.C. w� veoi .. ve Br792 0805 Section 6. "Declarant" shall mean and refer to J. E. J. P. Corporation, a Virginia Corporation, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE H MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each Member of the Association shall have one vote for each Lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. ARTICLE IV BOARD OF DIRECTORS The affairs of the Association shall be managed by a Board of Three (3) Directors, who need not be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meeting following conveyance of all of the Lots in Deer Run of Sherando; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. ARTICLE V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment. Every Member shall have a right and easement of enjoyment in and to the Common Area, specifically including but not limited to the rights of ingress and egress across the aforesaid Common Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following 4 THOMASLAW LOUTk1AN, P.C. BK792f'',0806 provisions: (a) The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the aforesaid Common Area and in aid thereof to mortgage said property and the rights of such mortgagee in said Common Area shall be subordinate to the rights of the Lot -Owners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the Common Area by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use. Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge upon the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the 5 THOMASLA. L=HAN, P.C. BK70 807 person who was the Owner of such property at the time when the assessment fee was due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessment. The assessment levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Areas as shown on the plat. Section 3. Limitation on Annual Assessment. Commencing January 1, 1993, the maximum annual assessment shall be Fifty Dollars ($50.00) per Lot, for the cost of maintenance and improvements for the Common Area owned by the Association. (a) Commencing January 1, 1994, the maximum annual assessment may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership. (b) Commencing January 1, 1994, the maximum annual assessment may be increased above 10 % by a vote of two-thirds (2/3) of the members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Section 3 and 4. l• TNOMASLA. LOUTf]AN, P.C. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty-seven percent (67%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Date. The annual assessment provided for herein shall commence as to all Lots on the first day of January, 1993. The first annual assessments shall be adjusted according to the number of months remaining in the calendar year after acquisition of title by any purchaser from the Declarant. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due date shall be January 1st of each year, unless otherwise established by the Board of Directors. The Association shall, upon demand, and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance, and shall be conclusive evidence of payment of any assessment therein. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid when due shall be delinquent. Assessments not paid within thirty (30) days after the date of delinquency shall bear interest from the date of delinquency at the rate .I of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof. Section 10. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein; (a) the Common Area; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain Common Areas. In the event that the Association, or its successors, shall fail to maintain the Common Area in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a part hereof as if set out in full. ARTICLE VII ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made THOMASLA. LaTHAN, P.C. THOMASLAW LOUTIIAN, P.C. 22611 BK7011�_( 010 until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VH1 USE, RESTRICTIONS, AND COVENANTS This subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: 1. Land Use. No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No detached buildings shall be allowed on any lot, except as provided for in Section 18, herein. All garages shall be attached to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper trailer or recreational vehicle shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recreational camper trailer or recreational vehicle must be stored so as not to be seen from any road at any angle of sight. 2. Home Occupations. No profession or home occupation shall be conducted in or on any part of a Lot; provided, however, that Declarant reserves the right to use one or more of said Lots for business purposes in connection with the development, sales, and operation of said subdivision. 3. Patio Area and Fence. The minimum patio area for a one (1) bedroom patio home is 700 square feet; the minimum patio area for a two (2) bedroom patio home is 750 square feet; and the minimum patio area for a three (3) bedroom home is 800 square feet. A portion of the lot to the rear of the front wall of the house shall be fully enclosed by an opaque wall or fence of five (5) to six (6) feet in height. All living spaces, i.e. living rooms, den, and bedrooms, shall open onto a major open area or patio. 4. Roof Pitch. All structures must have a minimum roof pitch of L" THOMASLA. LOUTHAN, P.C. 5/12, except that certain portions of the roof may be not less than 3/12 to enhance architectural appearance. This 3/12 pitch portion can not encompass more than 1/3 of the total roof area. 5. Off -Street Parking. Off-street parking shall be provided in accordance with the requirements of the Frederick County Zoning Ordinance for patio homes. 6. Underground Utilities. All utilities, including all telephone, electric, television, gas, T.V. Cable, etc. shall be located underground. 7. Curb and Gutter Modifications. Once curb and gutter is installed, Declarant assumes no responsibility for modifications to curb and gutter by Lot Owners, their agents or assigns. Lot Owners are responsible to obtain confirmation from the Virginia Department of Transportation (VDOT) that driveway entrances and other curb and gutter modifications conform to VDOT standards. The final determination regarding this requirement will be made by the VDOT representative that services the area. 8. Signs. No signs or advertising of any nature shall be erected or maintained on any Lot except "For Sale" signs for said Lot not to exceed five (5) square feet in area, or signs used by a builder to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any Lot. 9. Clothes Lines and Satellite Dishes. Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. No satellite dish or like device for the reception of TV signal, microwave signal, etc., shall be allowed on the premises, provided however that one TV antenna may be allowed so long as the same is attached to the home. 10. Vehicles. No lot shall be used for the parking of buses, trailers, or trucks of a load capacity of more than 3/4 ton, or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any street in this Subdivision. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. 11. Temporary Structures. No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basement, tents, shacks, garages, barns, or other outbuildings, shall be used on any lot at any time as a residence, either temporary or permanent. 12. Animals. No animals of any kind (including livestock, poultry or birds) shall be permitted on any Lot, except that dogs, cats, and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no .dogs shall be permitted to run at large without restraint in said 10 THOMASLA. LOUTHAN, P.C. Subdivision. No dog may be tied and left unattended outdoors. 13. Nuisances. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 14. Destruction. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. No structure other than a patio home,of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit. 15. Maintenance. Each owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an owner of any Lot in Deer Run of Sherando shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, Deer Run of Sherando Homeowners Association, Inc., after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject. 16. Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any patio home, except on the date of garbage pickup. 17. Approval Before Digging. No trees shall be planted nor other digging undertaken without first securing the approval of the local utility companies and without first being advised as to the location of all underground natural gas lines and electrical, telephone, television cable, and other wires. 18. Construction of Improvements. No building, structure, addition nor exterior alteration (including basketball backboards, rims, and nets) or improvements of any character shall be constructed upon any Lot or dwelling located thereon, including alternation of paint color from the original, unless the plan of construction, including quality of workmanship, design, colors 11 THOMASLA. LOUTHAN, P.C. wiwcraeo� a. ve 8K'7 2018113 and materials, shall have been approved in writing by Deer Run of Sherando Homeowners Association, Inc. as being in harmony with the whole subdivision, especially the adjoining homes. 19. Encroachment. If in the construction of any dwelling by Declarant there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 20. Subdivision. No Lot upon which a patio home has been constructed shall be further subdivided or separated into smaller lots by any Owner and no portion less than all of such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. 21. Waiver of Covenants. The Declarant herein reserves and shall have the right to waive any one or more of the restrictive covenants and conditions contained herein as to any Lot transferred by it except that it cannot change the use of any Lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other Lot. The Declarant further reserves the right alone to impose additional restrictive covenants and restrictions as to any Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Lots. ARTICLE IX EASEMENTS Section 1. Utility Easements. The property dedicated hereby is subject to those certain easements or rights of way designated Sanitary Sewer Easements as shown on the aforesaid attached plats. The Declarant does hereby grant and convey unto the Frederick County Sanitation Authority a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plats as Utility Easement. Section 2. Surface Drainage Easements. The property dedicated hereby is subject to those certain easements or rights of way designated Drainage Easements on the aforesaid attached plats, for the purpose of a surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid plats. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, Virginia, and the Declarant does hereby grant and convey 12 THOMASLA. LOUTHAN, P.C. unto the County of Frederick a perpetual right of way or easement over the aforesaid designated drainage easements and ponds for the purpose of so providing surface drainage. Declarant does further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easements, provided, however, that in the event Deer Run of Sherando Homeowners Association, Inc. fails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of Article VI, Section 11, hereinabove. Declarant, for a period of five (5) years from the date of conveyance of the first Lot in Deer Run of Sherando, reserves a blanket easement and right on, over, and under the ground within this Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety, and appearance. Such right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected property to its original condition as near as practical. The Declarant shall give reasonable notice of intent to take such action to all affected owners unless in the opinion of the Declarant an emergency exists which precludes such notice. Section 3. Reservations. The Declarant reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located, along the front, side, and rear setbacks of each Lot, and over the Common Area, as needed, provided that such easement shall not interfere with the use and enjoyment of the Common Area. ARTICLE X GENERAL PROVISIONS Section 1. Enforcement. The Association, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereinafter imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages. 13 THOMASLA. LOUTHAN, P.C. BK79Z.FG0815 Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75 %) of the Lot Owners. Any amendment must be properly recorded. Section 4. Annexation. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of the members. Section 5. Dissolution. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Deer Run of Sherando. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. ARTICLE XI CONSENT / ACCEPTANCE The Dedication and Subdivision of the land as shown on the attached plats is with the free consent and in accordance with the desire of the undersigned Declarant, Trustees, and Beneficiaries of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. The County of Frederick, Virginia, by the signature of its agents on the attached plats, do accept the dedications to public domain of the land and easements herein described as such. The designated "Common Area" is not dedicated hereby for use by the general public but is dedicated to the common use and enjoyment of the homeowners in Deer Run of Sherando as provided hereinabove. 14 LAw O T110MAS A. LOUTUAN, P.C. w' uem.n, ve BK7021-0816 WITNESS the following signatures and seals: J. E. J. P. CORPORATION, A Virginia Cor ation By: John E. McAllister, M.D., President DOMINION BANK, NATIONAL ASSOCIATION J. Hal Duff, Assistant Vice President Thomas A. Louthan, Sole Acting Trustee For Beneficiary Dominion Bank H. Edmunds Coleman, III., Sole Acting Trustee For Beneficiary Robert J. Snyder 15 THOMAl 7 LOUTHAN, P.C. 8K701?PG,0817 STATE OF VIRGINIA CITY OF WINCHESTER, To -wit: a Notary Public in and for the State aforesaid, do G ' hereby certify that John E. McAllister, M.D., who is the President of J.E.J.P. Corporation, and whose name is signed to the foregoing Deed of Dedication, dated the / r/ day of February, 1993, has personally appeared before me and acknowledged the same in my State .j .aforesaid. Given under my hand the J '7 day of 1993. Notary Public My Commission expires: oviy C+)mmissiun Expires Nove;nber 39, '1994 STATE OF VIRGINIA CITY OF WINCHESTER, To -wit: I, To � � r, ,, _ 0 , . -o_, a Notary Public in and for the State aforesaid, do hereby certify that J. Hal Duff, who is an Assistant Vice President of Dominion Bank, and whose name is signed to the foregoing Deed of Dedication, dated the 17 day of February, 1993, has personally appeared before me and acknowledged the same in my State aforesaid. Given under my hand the 1 `l day of - v-�A -;' ,.•1993,.. My Commission expires:�`�'"'� 3 �,1 16 a B l u -' ,-" 0 8 18 STATE OF VIRGINIA CITY OF WINCHESTER, To -wit: I, Gurl0 , a Notary Public in and for the State aforesaid, do hereby certify that Thomas A. Louthan, whose name is signed to the foregoing Deed of Dedication, dated the 17 7�_ day of February, 1993, has personally appeared before me and acknowledged the same in my State aforesaid. Given under my hand the 1 CF day of1993. Notary Public - . 'C�C ommission expires: My Commission rypi;es Mgrdi 31,1995 STATE OF VIRGINIA CITY OF WINCHESTER, To -wit: I, 000'Il f LL 4, f g1E'Yl( ,J , a Notary Public in and for the State aforesaid, do hereby certify that H. Edmunds Coleman, III, whose name is signed to the foregoing Deed of Dedication, dated the '04-6-day of February, 1993, has personally appeared before me and acknowledged the same in my State aforesaid. Given under my hand the day of Od U 0 1993. A .r ,r }1ffy Commission expires: TUOMASLA, LZI]AN, P.C. 17 Notary Public � ' - 'COMMONWEALTH OF VDRGDNDA - Q F lAL RECElPT lCKCOURT DEED �%ElPT DATE� O2/19/Y3 Tl��� i6�30�29 ACC0UN�� 069CLR93NN\�0 REC[lPT� 93V0O Vi�� CASH[8R� NBS REG� KK�? TYPE� DD PAYMENT- FULL PAYM�� 0STRUNENT � 9300V145O 8OOK� 792 PAGE: 8V2 R[C8RDED! O2/19/93 AT 16�30 GRANTOR NAME � JEJP CORP0RATlUN E�- N 18CALlTY� CO GKAUTE[ t FRE8EKlCK COUNTY VIRGIN'. [X N PERCENT� 100% AND ADDHESS � RECElYED 0F � TOM LOURTHAN DATE 0F DEEO� 0v/0V/VV L. DESCRlPTlON 1� U[ED DF DEDlCATION �� DEER RUN OF SHERAUDO CONClDERATlON� ASSUMPTlON� MAP� CDDE DESCRlPTl0N .0V PA0 COUE .0V D[�CRlPTlON PAID DEEDS 35.OV 145 YSLF i.VV 30| TEND[8ED � 36.0V AN8UNT yAlD� 36.V0 CH��GE CL�KK OF COURT� GE8RGE R. NUlTACRE ' r I LAW OFFICES THOMAS A. LOUTHAN A PROFESSIONAL CORPORATION 117 WEST BOSCAWEN STREET WINCHESTER, VIRGINIA 22601-1107 TELEPHONE (703) 665-0082 FACSIMILE (703) 665-0126 THOMAS A. LOUTHAN JEFFERY R. PATTON Mr. Wayne Miller Frederick County Zoning Administrator 9 North Loudoun Street Winchester, Virginia 22601 Re: Deer Run of Sherando Dear Mr. Miller: 13F PLEASE REPLY To: POST OFFICE BOX 3407 WINCHESTER, VIRGINIA 22604-3407 13 January 1993 HAND -DELIVERED Thank you for your review of the Plat and Deed of Dedication for Deer Run of Sherando and your call yesterday to discuss the dedication. Enclosed is an original and copy of the revised Deed of Dedication, removing the authorization for the Declarant to waive any violation of setback lines (formerly under Article VIII, Section 22). The developer has agreed to eliminate this wording, such that the issue as regards this dedication is resolved. In my opinion, however, this reservation to waive setback line violations is not improper and the County of Frederick has no authority to require its elimination. The reservation merely allows the developer to waive setback violations as they breach the restrictive covenants affecting the rights of the other lot owners; this avoids the necessity of obtaining a waiver from every lot owner. This reservation in no way is intended, nor would it, (1) extend to the developer the right to act for the county or the Board of Zoning Appeals, or (2) eliminate the necessity of the violator from seeking a variance to comply with the county zoning ordinance. Most of the subdivision dedications I have drafted and, I submit, most on record in Frederick County today, include this reservation. My quick review of my files did not find it worded significantly differently; however, I would not object to a revised wording in the future to clarify the intent of this reservation, if you feel that would be beneficial. I mention this because I believe this issue will arise again and will require resolution with regard to future deeds of dedication. The enclosed revised Deer Run of Sherando Dedication contains the following additional revisions: 1. All references to Warrior Road were removed, as this portion of Warrior Road was dedicated to the County in The Village at Sherando Dedication. 2. The roadway widths were changed to reflect the correct fifty foot (50') width. 3. Article VI, Section 2: the reference to the plat was added. Mr. Wayne Miller Frederick County Zoning Administrator 13 January 1993 Page Two 4. Article VI, Section 3: the heading was modified to read "Limitation on Annual Assessment." 5. Article VIII, Section 1: the second sentence was modified to reflect the exception provided in Section 19 (now Section 18). 6. Article VIII, Section 4: an exception to the 5/12 roof pitch was added. 7. Article VIII, Section 5: this section was entirely rewritten to reference the county zoning ordinance requirements. 8. Article VIII, Sections 18 and 19: Section 18 was eliminated and the paint color restriction was included in the former Section 19. Section 19 becomes Section 18 and all subsequent sections are renumbered. 9. Article VIII, Section 21 (formerly 22): reservation of set -back line waiver was eliminated. If this revised Dedication meets with approval, I will appreciate your having your secretary call to advise when we may pick up the original and the plat for signature and recording. Best personal regards. Sincerely, Thomas A. Louthan cc: Dr. John E. McAllister Mr. James L. Longerbeam gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 Mr. Wayne Miller Frederick County Zoning Administrator 9 North Loudoun Street Winchester, Virginia 22601 Dear Mr. Miller, 51 January 5, 1993 1 5JAN" �00 Re: Deer Run at Sherando I have enclosed three copies of the plans and plats for your approval. The plats have been signed by VDOT and FCSA. The comment letters from all agencies are also provided. All comments have been addressed on the plans. cover. The Deed of Dedication and Bonding will be provided under separate If you have any questions, please do not hesitate to call. Regards, aonMislowsky, P.E. RAM / kf Encl. cc: Dr. John McAllister Frederick County Sanitation Au rity Post Office Box 618 WINCHESTER, VIRGINIA 22601 Phone 665-5690 TO Le ,W C,1��/����?'sfaC1 > WE ARE SENDING YOU TY<ftached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ffoo'Plans ❑ Copy of letter ❑ Change order ❑ COPIES I DATE No. aNsTAv THESE ARE TRANSMITTED as checked below: ElFor approval B/Approved as submitted ❑ For your use ❑ Approved as noted > ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ DATE ♦�� JOB NO. ATTENTION �'i 04/ �/ GoWSk RE: ':. s�- following items: ❑ Samples ❑ Specifications DESCRIPTION ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS S&% V PLCof COPY TO SIG�usat PRODUCT2/0 EARS Im., G tm, M— 01411. If enclosures are not as noted, kindly 1NITS: 25 1EQUIRED: 3800 SF PROVIDED:' 3834 SF REQUIRED: 4000 SF PROVIDED: 4078 SF REQUIRED: 4200 SF PROVIDED: 4200 SF ENTS: 25' FROM PUBLIC ROAD RIGHT-OF-WAY 15' FROM PERIMETER BOUNDARY (SIDE)(ZERO LOT LINE) 1S FROM PERIMETER BOUNDARY (REAR) 54 ACRES ICE •1.1362 ACRES 10E •1.181 ACRES AY .1.02 ACM .6T5� .675� EXISTING GRADE PROPOSED GRADE ...� �.�..... RIGHT-OF-WAY LINE PROPERTY LINE EXISTING CULVERT PROPOSED STORM SEWER EXISTING SANITARY SEWER PROPOSED SANITARY SEWER PROPOSED WATER LINE y T11 0400" v���� FREDERICK COUNTY SANITATION AUTHORi T Y ❑ AF^ROVED AS NOTED i ❑ CO RRIEC I AND "E"'UGPJIIT REVIEWED BY DAT E_ W"1- PROPOSED FIRE HYDRANT ASSEMBLY 5 rer s-�7- 41 ZONING ADMINISTRATOR 14 Job Number: 9595 DATE Sheet Number 1 of $ COL^'Y OF FREDERICK, VIRGINIA ' FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 0519920423 Date Received 050892 Date Reviewed 051992 Applicant Name G. W. Clifford & Assoc' Address 200 N. Cameron Street Winchester, VA 22601 Project Name The Village At Sherando Phone No. 703-667-2139 Type of Application 1st Due Fire Co. 11 Election District Subdivision Current Zoning RP 1st Due Rescue Co. 11 Opequon Automatic Sprinkler System Automatic Fire Alarm System RECOMMENDATIONS Residential Sprinkler System X X Other Emergency Vehicle Access; Adequate X Inadequate Fire Lanes Required; Yes X Comments: At all hydrant locations. Roadway/Aisleway Widths; Adequate X Inadeouate Special Hazards Noted; Yes Comments: Not Identified No Not Identified No X Hydrant Locations; Adequate X Inadequate Not Identified Siamese Connection Location; Approved Not Approved Not Identified X Additional Comments: 1) Please post temporary street signs and lot numbers during construction. 2) Burning of construction debris on site is pro- ` ^ hibited. 3) Access for emergency vehicles must be maintained at all times during construction. Review Time .50 hr. Fire Marshal REQUEST FOR SUBDIVISION COMMENTS Frederick County Parks & Recreation Department ATTN: James Doran, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5678 The Frederick County Parks & Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: JEJP Corp. Rt. 1,Box 198 Stephenson, Va 22656 (703)893-7500 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Ron Mislowskv (703)667-2139 Name of development and/or description of the request: The Village @ Sherando (formerly Evans/Snyder) Location: North & Adjacent to St. Rte 277, east of Stephens City and 1750 ± east of St. Rte. 641. Approx. 1.75 miles east of I-81 Parks & Recreation Department Comments: Plan appears to meet open space and recreational unit requirements. Absorbent material must be used under playground equipment. All public facilities must meet Americans with Disabilities Act requirements. Parks gnature and Date: 5/27/92 (NOTfVt TO PARKS - PLEASE RETURN THIS FORM TO THE AGENT.) 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 plans and/or application form. REQUEST FOR SUBDIVISION COMMENTS Frederick -Winchester Health Department ATTN: Herbert L. Sluder, Sanitation Engineer P.O. Box 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: JEJP Corp. Rt. 1,Box 198 Stephenson, Va 22656 (703)893-7500 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Ron Mislowskv (703)667-2139 2Z, 24T5?F Name of development and/or description of the request: `1�2 The Village Sherando (formerly Evans/Snyder) 3ON �g9? D Location: R�� %G °F, North & Adjacent to St. Rte 277, east of Stephens City and 6l W F" L�Y�SUN 1750 ± east of St. Rte. 641. Approx. 1.75 miles east of I-81 Health Department Comments: '#�li-Z �1 Lrti i1�1e/�i�TMS�uT �� uNU W wXA, a/- /4 NY Ra-05z> .r T-D/Z, 09-1 g'cTzai�S '�D "T Hr ozo i�GTS�6/GcT Z 7 & c 922,rzir,:r/yiS ��TT/KchriJ) IIAXCL6 ?, OX,3SR.Lc4 �IST%1ccT Y�.tJG/IVj3�i2 . Health Signature and Date: (NOTICE TO HEALTH DEPT. - PLEAS NOTICE TO APPLICANT FORM TO AGENT.) 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 plans and/or application form.. p e CPQ +) COMMONWEALTH of VIR INIA �. � �~ ROBERT B. STROUBE, M.D. Department of Health ENVIRONMENTAL ENGINEERING FIELD OFFICE COMMISSIONER Office of Water Programs 129 SOUTH RANDOLPH STREET LEXINGTON, VIRGINIA 24450-2328 PHONE: V03)463-7136 MEMORANDUM FAX (703)463.3892 DATE: June 29, 1992 TO: Jim Webb, Environmental Health Specialist Frederick County Health Department FROM: Harold T. Eberly, District Engineer* Office of Water Programs Lexington Field Office SUBJECT: Frederick County - Water - Frederick County Sanitation Authority (General) Frederick County - Sewerage - Frederick County Sanitation Authority (Stephens Run) This office has reviewed the Village at Sherando development site plan you forwarded. Based on our review, please be advised that the Frederick County Sanitation Authority has sufficient water and sewer capacity available to serve the proposed development and that plans and specifications for the proposed water and sewer facilities should be submitted to the Frederick County Sanitation Authority for review and approval under the Authority's local review program. Should you have any questions, do not hesitate to contact me. HTE/bt cc VDH - Richmond Central over Fury Typical o f �Sh e�rarn cio Lo t Lca you t DEER RUN LANE NO ON STREET PARKING ALLOWED CG-9 PAVED_--- 2 CAR _ PARKING N 20 15" TYPICAL SETBACK co NO WINDOWS ON ZERO LOT o LINE WALL 700 SF (MIN.) PATIO AREA 1 BOARD FENCE PER FREDERICK COUNTY ZONING REQUIREMENT GRAPHIC SCALE (w reer 1 i-h = 25 (- Gilbert W. Clifford and Associates, Inc. Engineers Land Planners Surveyors 150 C Otde Greenw;ch Dr. 200 North Cameron St. Fredericksburg, Virginia 22401 Winchester, Virginia 22601 REQUEST FOR SUBDIVISION COMMENTS City of Winchester, Virginia ATTN: Tim Youmans, Planning Director 15 N. Cameron Street, Winchester, Virginia 22601 (703) 667-1815 The City of Winchester offices are located in Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form.. Applicant's name, address and phone number: JEJP Coro. Rt. 1 Box 198 Stephenson, Va 22656 (703)893-7500 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St Winchester, Va 22601 Attn: Ron Mislowskv (703)667-2139 Name of development and/or description of the request: The Village @ Sherando (formerly Evans/Snyder) Location: North & Ad-iacent to St. Rte 277 east of Stephens City and 1750 ± east of St. Rte. 641. Approx 1.75 miles east of I-81 City � of Winchester, Comments: / // City Signature and Date: S-% �1 (NOTICE TO CITY - PLEAS RETURN T IS ARM 11,0 THA AGENT.) NOTICE TO APPLICANT "� It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your plans and/or application form. r` C E I V E 1 7 `rir REQUEST FOR SUBDIVISION COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Squard in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: JEJP Corp. Rt. 1 Box 198 Stephenson, Va 22656 (703)893-7500 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Ron Mislowsky (703)667-2139 Name of development and/or description of the request: The Village @ Sherando (formerly Evans/Snyder) Location: North & Adjacent to St. Rte 277, east of Stephens City and 1750 ± east of St. Rte. 641. Approx. 1.75 miles east of I-81 Inspections Department Comments: Building shall comply with the Virginia Uniform Statewide Building Code and Section 309, Use Group R (Residential) of the BOCA National Building Code/1990. Inspect. Signature & Date: � ��UIS —(NOTICE TO INSPECTIONS - P S RETURN F TO GENT.) NOTICE TO APPLICAN5r 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 plans and/or application form. Frederick County Public Schools 1415 Amherst Street Post Office Box 3508 Winchester, Virginia 22601-2708 Telephone: (703) 662-3888 — FAX (703) 722-2788 Administrative Assistant to the Superintendent June 2, 1992 G.W. Clifford & Associates 200 North Cameron Street Winchester, VA 22601 Attention: Ron Mislowsky Dear Ron: I am in receipt of ,you request for comments concerning the Village at Sherando (formerly- Evans/Synder) at the following location: north and adjacent to Street Route 277, east of Stephens City and approximately 1750' east. of Street Route 641. Approximately 1.75 miles east of I-81 and identified at tax parcel 86-A-102. It is our understanding that: the proposed use of this property is for the construction of 25 nati.o homes as indicated in the plans. We feel that this proposal i.;ill have an -impact on current and future school facilities. We recommend thatthese concerns be addressed during the approval process. Please feel free to contact me at Your• earliest convenience if you should require any additional_ information. Sincerely, Tho as Sullivan Administrative Assistant to the Superintendent EL 1993 t y- +AN ® 40 COMMONWEALTH of VIRCjINIAI �k DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER December 29, 1992 Mr. Ron Mislowsky, P.E. C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Ron: WILLIAM H. BUSHMAN RESIDENT T3) NGINEER 984-413 1� TELE(703)984-4133 FAX (703)984-9761 Ref: Deer Run of Sherando Route 277 Frederick County As requested enclosed is the signed final plat of the referenced development. Once recorded, we would appreciate a copy of it as well as the right turn lane dedication plat for our file. Please keep in mind the additional right-of-way to accommodate the right turn lane will need to be provided prior to the addition of Warrior Drive or Jefferson Village Court into the State's Secondary Road System. Should you have any questions or if we can be of further assistance, please advise. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosures xc: Mr. Robert W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY COUNTYofFREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 August 26, 1992 G. W. Clifford & Associates Attn.: Ron Mislowsky 200 North Cameron Street Winchester, VA 22601 Dear Ron: This letter is to confirm action taken by the Frederick County Planning Commission at their meeting of August 19, 1992. Subdivision application #006-92 for Deer Run at Sherando was approved by the Planning Commission for 25 patio homes. This property is located north and adjacent to State Route 277, east of Stephens City and east of State Route 641, in the Opequon District, and is identified as GPIN 860000A0001020. Final approval is contingent upon all unresolved review agency comments being addressed, the submittal of final plats, complete with the appropriate signatures, and deed of dedication. Please feel free to call this office if you have any questions. S, c, v W. Wayn Miller Subdivision Administrator WWM/slk cc: John and Jane McAllister James L. Longerbeam 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 'ti COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER August 12, 1992 Mr. Ron Mislowsky, P.E. C/O G. W. Clifford & Associates 200 North Cameron Street Winchester, VA 22601 Dear Ron: WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE (703) 984-4133 FAX (703) 984-9761 Ref: Deer Run of Sherando Route 277 Frederick County As requested we have reviewed the above referenced site plan dated March, 1992. Our recommendations may be found on the enclosed plans marked in red and as follows: 1. Due to the section of Jefferson Village Court within this project eventually tieing in with the Jefferson Village and Fredericktowne Subdivisions, the typical section will need to be increased to 40' from face to face of curb from the intersection with Warrior Drive to northwest of the intersection with Deer Run Lane. This will meet current urban standards and will allow for three (3) 12' travel lanes. 2. The width of the proposed right turn lane from Warrior Drive to Jefferson Village Court should be widened to 14' to face of curb and the proposed taper lengthener) to a minimum 100' . A typical section of these improvements will need to be incorporated into the plans. Also, the existing asphalt sidewalk may need to be adjusted and additional right-of-way dedicated to accommodate the turn lane. 3. The 35' radii length of the Deer Run intersection appear. adequate. However, the intersection radii of Jefferson Village Court should be increased to 50' due to future traffic considerations. 4. Standard CG-12 handicap ramps are to be provided at all intersection locations as noted. 5. Although undesirable, the 24' width on Deer Run Lane would be acceptable under current subdivision street requirements if the County would agree to restrict and enforce no parking. If not, the width should be increased to a minimum 30'. Prior to approval of the 24' width by this Department we would appreciate knowing the County's position on this matter. 6. The grade of Deer Run Lane at the intersection with Jefferson Village Court should be adjusted to provide a short landing. Furthermore, profiles of both roads appear to incorrectly tie into the center line of connecting streets. They should be adjusted as noted on Plan Sheet 4 of 6. Also, due to the proposed grade of the Deer Run intersection with Jefferson Village Court standard CG-10A gutter designs will be rM4&TATION FOR THE 21 ST CENTURY Mr. Ron Mislowsky August 12, 1992 Page 2 7. The depth of the pavement designs appears adequate as shown. However, they should be switched with the typical section as noted. Also, the typical section should be revised to include the slopes behind the curb as well as sidewalk details. 8. The proposed storm sewer between Lots 13 & 14 should be relocated to between Lots 11 & 12 so the drainage easement can outfall runoff in the original Swale. A ditchline with standard EC-3 will be required from the outfall of the pipe to the rear of Lot 11 in the Fredericktowne Subdivision to the east. 9. The existing storm sewer under Warrior Drive should be connected to Structure 4 to eliminate the ditch left of Jefferson Village Court. A suggested layout using a standard DI-7 is -shown on Plan Sheet 3. 10. Several items appear to be incorrect in the drainage calculations provided on Plan Sheet 5 and should be rechecked. 11. CD underdrains are to be provided adjacent to Culverts No. C-2 and C-4. 12. Standard CG-9B entrance gutters will be required in lieu of the proposed CG-9D. Also, in order to avoid future damage to the pavement structure, the entrance gutters should be installed during the installation of the curb and gutter. Please revise and resubmit three (3) copies for further review. Should any changes be deemed necessary please design them to meet or exceed the above recommendations. Should you have any questions concerning the above, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. RBC,rf Enclosures xc: Mr. T. L. Jackson / Mr. R. W. Watkins Mr. H. E. Strawsnyder UQ D11 q 151 C>uJ FI L •,. i; ,, ,ter: i---J'' _.X. - COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER Mr. Ron Mislowsky, P.E. C/O G. W. Clifford & Associates 200 North Cameron Street Winchester, VA 22601 Dear Ron: June 15, 1992 WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE(703)984-4133 FAX (703) 984-9761 Ref: The Village at Sherando/Patio Homes Route 277 Frederick County We are in receipt of the above referenced project's site plans dated March, 1992. We will be forwarding them onto our District Office in Staunton for their review. Once we are in receipt of any comments we will forward same to you. In the meantime should you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Specialist Sr. RBC/rf xc: Mr. R. W. Watkins p L9 [y �a1N 16 iss2 I, V TRANSPORTATION FOR THE 21 ST CENTURY i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 August 26, 1992 G. W. Clifford & Associates Attn: Ron Mislowsky 200 North Cameron Street Winchester, VA 22601 Dear Ron: This letter is to confirm action taken by the Frederick County Planning Commission at their meeting of August 19, 1992. Subdivision application #006-92 for Deer Run at Sherando was approved by the Planning Commission for 25 patio homes. This property is located north and adjacent to State Route 277, east of Stephens City and east of State Route 641, in the Opequon District, and is identified as GPIN 860000A0001020. Final approval is contingent upon all unresolved review agency comments being addressed, the submittal of final plats, complete with the appropriate signatures, and deed of dedication. Please feel free to call this office if you have any questions. Sinc re , W. Wayn Miller Subdivision Administrator WWM/slk cc: John and Jane McAllister James L. Longerbeam 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 P/C Review Date: 8/19/92 SUBDIVISION APPLICATION #006-92 DEER RUN AT SHERANDO 25 Lots on 55.43 Acres LOCATION: North and adjacent to State Route 277, east of Stephens City and east of State Route 641 MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 860000A0001020 PROPERTY ZONING & PRESENT USE: Zoned R-P (Residential Performance) and B-2 (Business General) - land use - vacant and residential ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), R-P (Residential Performance), B-2 (Business General) - land use - vacant, residential and commercial PROPOSED USE: 25 Patio homes REVIEW EVALUATIONS: Virginia Dept. of Transportation: Plans have been forwarded to our District Office in Staunton for review. Once we are in receipt of any comments we will forward them to you. Fire Marshal: Please post temporary street signs and lot numbers during construction. Burning of construction debris on site is prohibited. Access for emergency vehicles must be maintained at all times during construction. Inspections Department: Building shall comply with the VA Uniform Statewide Building Code and Section 309, Use Group R (Residential) of the BOCA National Building Code/1990. Sanitation Authority: First review - 19 items - correct and resubmit. 2 Health Department: The Health Department is unaware of any reason for objection to the project subject to the comments by the Department of Health Office of Water Programs. See attached letter from Harold T. Eberly, District Engineer, dated June 29, 1992. County Engineer: See attached letter from Harvey E. Strawsnyder, Director of Engineering and Inspections, dated June 25, 1992. Parks & Recreation: Plan appears to meet open space and recreational unit requirements. Absorbent material must be used under playground equipment. All public facilities must meet Americans with Disabilities Act requirements. Frederick Co. Public Schools: See attached letter from Thomas Sullivan, Administrative Assistant to the Superintendent, dated June 2, 1992. Planning & Zoning: The developer of this property has selected the zero lot line (ZLL) option for this patio home development. The development, as depicted, is in conformance with the zoning and subdivision ordinances. There are several review agency comments that need to be addressed. The tot lot that is off site to the west would seem to be out of place. The reason for this is that little use is anticipated from residents of these patio homes and the lot can be used by the single family residents to the northwest when this property develops. Sidewalk access will eventually exist along Jefferson Court and extending those walks to provide walking access to the tot lots at this time appears to be the best short term solution. The street names depicted in the plan are not correct in one instance (should be Jefferson Court vice Jefferson Village Court), and the other one (Deer Run Lane) has been used at another County location. Since site plans are not required for these homes, it is important to highlight some requirements as listed in the zoning ordinance. One bedroom patio homes must have a minimum patio area of 700 square feet and the patio must be enclosed by an opaque wall or fence of five to six feet in height. A minimum of two off street parking spaces must be provided for each residence. A statement will need to be included on the plats that establishes a maintenance easement on adjoining lots next to the building. Windows are prohibited on the ZLL side. STAFF RECOMMENDATION FOR 8119/92 PC MTG.: Approval with the requirement that all review agency comments be complied with prior to final plat approval. P - 2_ COMMONWEALTH of VIRGINIA ROBERT B. STROUBE, M.D. Department of Health COMMISSIONER Office of Water Programs MEMORANDUM DATE: June 29, 1992 TO: Jim Webb, Environmental Health Specialist Frederick County Health Department FROM: Harold T. Eberly, District Engineer, Office of Water Programs Lexington Field Office ENVIRONMENTAL ENGINEERING FIELD OFFICE 129 SOUTH RANDOLPH STREET LEXINGTON, VIRGINIA 24450-2328 PHONE: (703)463-7136 FAX (703)463-3892 SUBJECT: Frederick County - Water - Frederick County Sanitation Authority (General) Frederick County - Sewerage - Frederick County Sanitation Authority (Stephens Run) This office has reviewed the Village at Sherando development site plan you forwarded. Based on our review, please be advised that the Frederick County Sanitation Authority has sufficient water and sewer capacity available to serve the proposed development and that plans and specifications for the proposed water and sewer facilities should be submitted to the Frederick County Sanitation Authority for review and approval under the Authority's local review program. Should you have any questions, do not hesitate to contact me. HTE/bt cc VDH - Richmond Central FREDERICK COUNTY ENGINEER 9 NORTH LOUDOUN STREET, 2ND FLOOR WINCHESTER, VIRGINIA 22601 (703) 665-5643 SUBDIVISION DATE: June.25, 1992 PROJECT: Village at Sherando Patio Homes East of Stephens City Frederick County, Virginia DESIGNER: Ron Mislowsky G. W. Clifford & Associates, Inc. P.O. Box 2104 Winchester, Virginia 22601 COMMENTS 1. Provide a method of dispersing flows from outfall of 15" RCP. These flows will be released on a relatively steep slope which could result in erosion. A portion of this erosion could occur on neighboring property in Fredericktowne Estates. The proposed EC-1 will probably not be sufficient based on my observations of similar occurrences in Jefferson Village. I suggest a grouted rip - rap designed to disperse the flows to a manageable velocity which will not cause erosion. 2. A detailed stormwater plan is not required for this project. However, any additional development in this area will require a stormwater management study to minimize the impact on Wrights Run. 3. Except for the EC-1 shown at the outfall of the 15" RCP the erosion and sediment control plan is approved as submitted. Ha y E r, Strawsnyde, J .P. . Director of Engineeri g and Inspectio s nn DQe L� -z Frederick County Public Schools 1415 Amherst Street - Post Office Box 3508 Winchester, Virginia 22601-2708 Telephone: (703) 662-3888 — FAX (703) 722-2788 Administrative Assistant to the Superintendent June 2, 1992 G.W. Clifford & Associates 200 North Cameron Street Winchester, VA 22601 Attention: Ron Mislowsky Dear Ron: I am in receipt of ,you request for comments concerning the Village at Sherando (formerly Evans/Synder) at the following location: north and adJacent to Street Route 277, east of Stephens City and approximately 1750' east of Street Route 641. Approximately 1.75 miles east of I-81 and identified at tax parcel 86-A-102. It is our understanding that the proposed use of this property is for the construction of 25 patio homes as indicated in the plans. We feel that this proposal will .have an impact on current and future school facilities. We recommend that. these concerns be addressed during the approval process. Please feel free to contact me at your earliest convenience if you should require any additional information. Sincerely, Thomas Sullivan Administrative Assistant to the Superintendent WON APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date:16 July 1992 Application #: DD(c-01 o�. Fee Paid � Applicant/Agent: JEJP Corp./G.W.Clifford & Associates Address: 322 Burnt Factory Road Stephenson, Va 22656 Telephone: (703) 662-4121 Owners name: JEJP Corp. Address: 322 Burnt Factory Road Stephenson, Va 22656 Telephone: (703) 662-4121 Phone: (703)893-7500 Please list names of all owners, principals, and/or majority stockholders: John & Jane McAllister Contact person: Rom Mislowsky Phone: (703) 667-2139 Name of Subdivision: Deer Run @ Sherando Number of Lots: 25 Total Acreage: 55.4293 Ac. Property Location: North & Adjacent to St. Rte 277, east of Stephens City and 1750 ± east of St. Rte. 641. Approx. 1.75 miles east of I-81. (Give State Rt.#, distance and direction from intersection) Magisterial District: Opeauon Tax ID Number: 86-A-102 Property zoning and present use: RP/B-2 (Vacant & Residential) Adjoining property zoning and use: RA (Vacant). RP(Residential) & B-2 (Proposed Capitol Properties Shoppina Center) Has a master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? The Village @ Sherando Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes. Minimum Lot Size (smallest lot): 3834 sf Number and types of housing units in this development: Number 25 Types Patio Homes ECE1vt REQUEST FOR SUBDIVISION COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Squard in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: JEJP Corp. Rt. 1 Box 198 Stephenson, Va 22656 (703)893-7500 AGENT: G.W. Clifford &Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Ron Mislowskv (7 03) 667 -2 13 9 Name of development and/or description of the request: The Village @ Sherando (formerly Evans/Snyder) Location: North & Adiacent to St. Rte 277 east of Stephens City and 1750 ± east of St. Rte. 641. Approx 1.75 miles east of I-81 Inspections Department Comments: Building shall comply with the Virginia Uniform Statewide Ruile9ina rneiA nnA Section 309, Use Group R (Residential) of the BOCA National Building Code/1990. Inspect. Signature & Date: `. RETURN THIS — (NOTICE TO INSPECTIONS - P S F TO GENT.) NOTICE TO APPLICANir 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 plans and/or application form. »oEGE�vE REQUEST FOR SUBDIVISION COMMENTS City of Winchester, Virginia ATTN: Tim Youmans, Planning Director 15 N. Cameron Street, Winchester, Virginia 22601 (703) 667-1815 The City of Winchester offices are located in Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: JEJP Corp. Rt. 1,Box 198 Stephenson, Va 22656 (703)893-7500 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Ron Mislowsky (703)667-2139 Name of development and/or description of the request: The Village @ Sherando (formerly Evans/Snyder) Location: l/ North & Adjacent to St. Rte 277, east of Stephens City and 175) ± east of St. Rte. 641. Approx. 1.75 miles east of I-81 City of Winchesteri�CommiAnts: N/ /' City Signature and Date: S 7 5 (NOTICE TO CITY - PLEAS RETURN T IS ARM TH AGENT.) NOTICE TO APPLICANT ",� It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your plans and/or application form. ' ECEIV REQUEST FOR SUBDIVISION COMMENTS Frederick -Winchester Health Department ATTN: Herbert L. Sluder, Sanitation Engineer P.O. Box 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: JEJP Corp. Rt. 1,Box 198 Stephenson, Va 22656 (703)893-7500 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Ron Mislowsky (703)667-2139 Name of development and/or description of the request: The Village @ Sherando (formerly Evans/Snyder) Location: North & Adjacent to St. Rte 277, east of Stephens City and f 1750 ± east of St. Rte. 641. Approx. 1.75_miles east of I-81 Health Department Comments: -141►-z HkT4 LTLt 01'lO/dA t3 u M A WXz Zr o% i4 N 1/ R aOtS D N T-0% d1�_i s�rc7za,ti "tD ? H.� i'�.1/��TSca�fEzcT Tc T// ce?7,1/.'1.6=/y;'�� ("+7TiXcr J) ��/ f�/fP-G'LQ % , a3 �ig�L.�..l �JST lztGT "�,UG�I✓�'� , Health Signature and Date: (NOTICE TO HEALTH DEPT. - FORM TO AGENT.) 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 plans and/or application form. l -t UA d. 17 M2 1 COMMONWEALTH of VIRGINIA. DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER TELE(703)984-4133 June 15, 1992 FAX (703) 984-9761 Mr. Ron Mislowsky, P.E. Ref: The Village at Sherando/Patio Homes C/O G. W. Clifford & Associates Route 277 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Ron: We are in receipt of the above referenced project's site plans dated March, 1992. We will be forwarding them onto our District Office in Staunton for their review. Once we are in receipt of any comments we will forward same to you. In the meantime should you have any questions, please let me know. RBC/rf xc: Mr. R. W. Watkins Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Specialist Sr. \J L �,g TRANSPORTATION FOR THE 21ST CENTURY REQUEST FOR SUBDIVISION COMMENTS Frederick County Parks & Recreation Department ATTN: James Doran, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5678 The Frederick County Parks & Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square, Winchester, if you prefer to hand deliver this review form. Applicants name, address and phone number: JEJP Corp. Rt. !,Box 198 Stephenson, Va 22656 (703)893-7500 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Ron Mislowsky (703)667-2139 Name of development and/or description of the request: The Village @ Sherando (formerly Evans/Snyder) Location: North & Adjacent to St. Rte 277, east of Stephens City and 1750 ± east of St. Rte. 641. Approx. 1.75 miles east of I-81 Parks & Recreation Department Comments: Plan appears to meet open space and recreational unit requirements. Absorbent material must be used under playground equipment. All public facilities must meet Americans with Disabilities Act requirements. Parks 4gnature and Date: (NOTE E TO PARKS - 27/92 RETURN THIS FORM TO THE AGENT.) 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 plans and/or application form. C Gc- [L _ �7 292 L-JNTY OF FREDERICK, VIRGINIA~ FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 0519920423 Date Received 050892 Date Reviewed 051992 Applicant Name G. W. Clifford & Assoc. Address 200 N. Cameron Street Winchester, VA 22601 Project Name The Village At Sherando Phone No. 703-667-2139 Type of Application 1st Due Fire Co. 11 Election District Subdivision Current Zoning 1st Due Rescue Co. 11 Opequon Automatic Sprinkler System Automatic Fire Alarm System RECOMMENDATIONS Residential Sprinkler System X Other Emergency Vehicle Access; Adequate Y. Inadequate Not Identified Fire Lanes Required; Yes X No Comments: At all hydrant locations. Roadway/Aisleway Widths; Adequate X Inadequate Not Identified ___ Special Hazards Noted; Yes No X ��`��. ...... �`����........ Comments- � Hydrant Locations; Adequate X Inadequate Siamese Connection Location; Approved Not Approved Not Identified Not Identified X Additional Comments: 1) Please post temporarystreet signs and lot numbers during construction. 2) Burning of construction debris on site is pro- hibited' 3) Access for emergency vehicles must be maintained at all times during construction. Fire Marshal t REQUEST FOR SUBDIVISION COMMENTS Frederick County Sanitation Authority y� ` ATTN: Wellington Jones, Engineer/Director 1 P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: JEJP Corp. Rt. 1,Box 198 Stephenson, Va 22656 (703)893-7500 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Ron Mislowskv (703)667-2139 Name of development and/or description of the request: The Village @ Sherando (formerly Evans/Snyder) Location: North & Adjacent to St. Rte 277, east of Stephens City and 1750 ± east of St. Rte. 641. Approx. 1.75 miles east of I-81 Sanitation Authority Comments: / 5T AY/&EW -- / y 1751 s`IS — r0�9Ri-C7- Sanit. Signature & Date: 4��!l/1& (NOTICE TO SANITATION EASE RETURN THIS FORM TO AGENT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach THREE copies of your plans and/or application form. PREDICTED TRAFFIC TOTALS Deer Run at Sherando Frederick County, VA Apr-92 TRIP GENERATION STATISTICS SOURCE: INSTITUTE TRANSPORTATION ENGINEERS, Trip Generation, 4th Ed TRIP GENERATION Code 210 Single Family Detached Residence Density @ 25 Dwelling Units STATISTIC Predicted Rate Per Total Dwelling Unit Trips Average Weekday 10.062 252 Vehicle Trip Ends Weekday Vehicle Trip 1.005 25 Ends During PM Peak Hour Adjacent Street Weekday Vehicle Trip 1.012 25 Ends During PM Peak Hour Generator Weekday Vehicle Trip 201 Ends Less PM Peaks traffic generation for 18 hrs One Way Vehicle Trips/Hour = 13 (non -peak hours) Average Weekend 10.149 254 Vehicle Trip Ends Weekend Vehicle Trip Ends During PM Peak Hour Generator Weekend Vehicle Trip Ends Less PM Peaks 0.954 24 230 traffic generation for 18 hrs Average Weekend Vehicle Trips/Hour = 14 (non -peak hours) Entrance Percentage of Total Traffic Weekday Trip Ends Weekend Trip Ends Entering Development (avg/non-peak hr.) (avg/non-peak hr.) Warrior Dr 75 % 9 1 1 Buchanan Dr 25 3 4 The Total Trips Generated By This Development = 252 trips per day gilbert w. cli f ford & associates, inc. Deer Run at Sherando Erosion and Sediment Control Narrative May 6,1992 Rev 16 July 1992 Project Description The purpose of this project is the construction of 25 Patio Home lots. The site of approximately 4.5 acres lies west of the proposed Warrior Drive, and north of Jefferson Village Court Extended, approximately 0.2 miles north of Va. Route 277. In addition to the lot grading, a 24 ft. wide roadway and public use facilities such as sanitary sewer, water mains and storm sewer will be installed. A total of about 2.2 acres will be disturbed during construction. Existing Site Conditions The proposed site is in a gently rolling area consisting of slopes ranging from 3 to 8 percent, sloping from Warrior Drive toward a swale west of the tract. The site is covered with a natural growth of weeds and grasses, with brush and trees scattered along the northerly and westerly sides. Adjacent Property ECE1�/ Deer Run at Sherando Erosion and Sediment Control Narative May 6,1992 The property is bordered by a 94 unit townhouse project to the east, a single family detached area to the west and north, and proposed commercial to the south. FF"a {�� 2 Deer Run at Sherando Erosion and Sediment Control Narative May 6, 1992 Erosion & Sediment Control 1.0 GENERAL 1.1 DESCRIPTION A. Work Included: Erosion and sediment control operations and devices required for this work are indicated on the drawings and include, but are not necessarily limited to: 1. Installation of control devices; 2. Maintenance of control devices; 3. Temporary forms of stabilization; 4. Removal of devices and site restoration. 1.2 STANDARDS A. The following codes and standards, latest editions form a part of this specification, to the extent of all provisions applicable to the work required for this project, and as specifically referenced herein. 1. All work shall comply with Virginia Erosion and Sediment Control Handbook and as amended by local codes and regulations. 2. VDOT Specifications are those contained in the latest edition of the Virginia Department of Transportation, 3 Road and Bridge �T� Deer Run at Sherando Erosion and Sediment Control Narative May 6, 1992 Specifications. 1.3 PROTECTION A. Use all means necessary to protect all materials incorporated into the work of this section before, during and after installation. In the event of damage, immediately make all repairs and replacements necessary to he approval of the Owner's Representatives and at no additional cost to the Owner. � r 4 �rkFj&7 02 Deer Run at Sherando Erosion and Sediment Control Narative May 6, 1992 B. Maintain and protect all benchmarks, monuments and similar reference points and, if they are displaced or destroyed by these operations, replace same as directed at no additional cost to the Owner. 1.4 PERMITS A. The Contractor, acting as the Owner's agent shall secure certificates and permits and pay for all fees required by local codes and regulations. The value of the erosion and sediment control work to include maintenance and all seeding of disturbed areas shall be included in the overall project performance bond. 2.0 EXECUTION 2.1 GENERAL REQUIREMENTS A. Limit grading to only those areas involved in current construction activities. Limit length of time for exposure of unprotected graded areas. Permanent stabilization of graded areas shall be done as soon as possible after construction. If permanent stabilization cannot be provided, temporary seeding, mulching or other forms of stabilization shall be provided. 5 Deer Run at Sherando Erosion and Sediment Control Narative May 6, 1992 B. Sedimentation control devices will be constructed prior to the commencing of earth movement to prevent siltation or pollution of areas adjacent to the project. Construction of the devices shall agree with the details shown on the plan subject to modifications thereof that the Owner's Representative deems advisable. They shall remain in place until all surfaces within the project are completed such that siltation will not occur; i.e., all upstream areas from the control devices have vegetation established, mulch in place or furnished pavement completed. C. The Contractor agrees to hold the Owner or any of its agents harmless from any and all liability or damage that may arise of a violation of the siltation ordinance and agrees to indemnify them against any loss. 2.2 NARRATIVE A. Description The project consists of the construction of streets, sanitary sewer, water lines and stormwater management for the development of 25 Patio Home lots. B. Dates of Construction The project is scheduled to start in the summer of 1992 and be completely stabilized by spring of 1993. D 4 6 � Fla o� Deer Run at Sherando Erosion and Sediment Control Narative May 6,1992 C. Soil Data A copy of the soils map for the site area is attached. The soil type is Blairton QB) in the Weikert Berks Blairton soil group. This group is characterized by gently sloping to moderately steep grades, shallow and moderately deep, well drained to somewhat poorly drained soils. D. Erosion Control Program "Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site. Temporary soil stabilization shall be applied within seven days to denuded areas that may not be a final grade but will remain dormant (undisturbed) for longer than 30 days." E. Sediment Control Program Control will be exercised through sequence of land disturbing operations, limiting duration of exposure of unstabilized areas and installation and maintenance of physical control devices coordinated with sequence of construction. Devices used are shown on the drawings and include, but are not limited to: 7 G Deer Run at Sherando Erosion and Sediment Control Narative May 6,1992 1. Storm water inlet protection; 2. Silt fence; 3. Straw bale barrier; 4. Construction entrance; F. Sequence of Land Disturbing Activities 1. General: All applicable mechanical controls are to be constructed as the first item of work. Following their completion, rough grade, finish grade and install appropriate erosion sedimentation aids. Retain control devices until final stabilization of all areas or as directed by Owner's Representative. 2. Schedule a. First Step: (1) Straw bales; (2) Silt fence; (3) Construction entrance. b. Second Step: (1) Strip topsoil to stockpile; (2) Provide vegetative cover if over 7 days. c. Third Step: (1) Rough grade; 8 �I�� � i i evz IIIU Deer Run at Sherando Erosion and Sediment Control Narative May 6,1992 (2) Straw bale with weirs; (3) Outlet protection and riprap; (4) Installation of utilities. d. Fourth Step: (1) Finish grade and pave streets, cut final cross section of swales and ditches. e. Fifth Step: (1) Seeding of disturbed areas not paved; (2) Seed stockpile of surplus soils. 9 Deer Run at Sherando Erosion and Sediment Control Narative May 6,1992 G. Storm Water Management The Patio Home area drains basically in half. The northerly half of the roadway drains to a storm sewer at the north end of a cul-de-sac. This flow is carried to Wrights Run. The southern half of the site drains to a storm sewer system which carried flow to the swale running south to north, just west of the site. The ten year storm flows do not exceed 10 cfs. This swale is an adequate channel. In the future, when Jefferson Village Court is extended, a detailed analysis of the swale will be performed to size the required storm sewer system. H. Maintenance Program All control measures are to be inspected daily by the site superintendent or his representative. Any damaged structure should be repaired at the close of the day. Inlet protection devices, silt traps, and siltation fencing should be cleaned at 50% capacity and spread on -site where practical. Control structures shall not be removed until all areas above have been finally stabilized and seeded areas established. No control shall be removed without the site inspector's prior approval. gilbert w. clifford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 July 17, 1992 Mr. Wayne Miller Frederick County Planning Department 9 N. Loudoun Street Winchester, Virginia 22601 Re: Deer Run Q Sherando Dear Mr. Miller, I have enclosed the subdivision application for a 25 lot Patio Home development just west of the Village Q Sherando, comments from all review agencies, the Soil and Erosion Control Plan, the trip generation study, the application fee of $2,575.00 and 15 sets of plans are also attached. If you have any questions, please call. RAM/cls Sincerely, 'Mn Mislowsky, P.E. SIR 17W bdivision , 06--922 Deer Run @ Sherando APP- (25 lots) Opequon District