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Home My WebLink About007-08 Unger Property - .49 B2-B2 .85 RP-B2 Commer. - Stonewall - BackfileO Y o a� N co a 0 N cl�20 O cr Y oQ�>� Y `n wao3`r �n DATE '6- l t`011 NO. RECEIVED FROM ADDRESS ]FOR RE ❑FOR _ CASH 7DUE D �— CHECK MONEY nC a BY �1�, 0556 Q7 0 REZONING TRACKING AEET Check List: Application Form Proffer Statement �— Impact Analysis Adjoiner List ✓ Fee & Sign Deposit L-- Deed Plat/Survey ✓ Taxes Paid Statement Impact Model Run DATE Q Application received/file opened Reference manual updated/number assigned O D-base updated g / ( O d Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing 1 1 O Color location maps ordered from Mapping d File given to office manager to update Application Action Summary PC public hearing date ACTION: %�` O g BOS public hearing date ACTION: Signed copy of resolution for amendment of ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) �i Action letter mailed to applicant Q Reference manual and D-base updated Y r ile given to office manager to update Application Action Summary (final action) b �7 09,14 File given to Mapping/GIS to update zoning map Zoning map amended U \Bev\Common\Tracking sheets\REZ_tracking wpd Revised. 05/09/02 1 TY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 14, 2008 John Lewis Painter -Lewis, PLC 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 RE: REZONING #07-08, UNGER PROPERTY Dear John: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 8, 2008. The above -referenced application was approved to rezone 0.49 acres from the B2 (General Business) District with proffers and .85 acres from the RP (Residential Performance) District to B2 (Business General) District with proffers for commercial use. The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane, in the Stonewall Magisterial District, and are identified with Property Identification Numbers 53A-A-5 and 53A-A-6. The proffer originally dated July 15, 2008, and last revised on September 29, 2008, that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad Attachment cc: Mrs. Frances Unger, 5179 Barley Dr., Stephens City, VA 22655 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 a 0 REZONING APPLICATION 407-08 UNGER PROPERTY Staff Report for the Planning Commission Prepared: September 30, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 09/17/08 Board of Supervisors: 10/08/08 Action Recommended Approval Pending PROPOSAL: To rezone .49 acres from B2 (General Business) District to B2 with proffers, and .85 acres from RP (Residential Performance) District to B2 (Business General) with proffers. LOCATION: The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 53A-A-5 and 53A-A-6 PROPERTY ZONING: B2 (Business General) and RP (Residential Performance) PRESENT USE: Commercial and Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Commercial — Stonewall Plaza South: RP (Residential Perfonnance) Use: Residential East: B2 (Business General) Use: Commercial — Continental Restaurant RP (Residential Perfonnance) Use: Residential West: B2 (Business General) Use: Commercial PROPOSED USE: Commercial Use (I3,225sf Pharmacy) 0 0 Rezoning 407-08 — Unger Property September 30, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 522 North and 1318. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Unger Property Rezoning application dated July 15, 2008 address transportation concerns associated with this request. We offer the following comment: We feel the proffer statement should include closing the first crossover to the south and provide a left turn lane at the second crossover to the south to accommodate U-turns. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Staff Note: The revised proffers for the rezoning address the closure of the crossover as well as, the turn lane. Fire Marshall: Plan approval reconunended. Department of Public Works: We have no comments at this time. We reserve the right to perform a detailed review of the site plan submitted for the proposed connnercial property. Frederick -Winchester Service Authority: No connnents. Sanitation Authority Department: There is adequate sewer and water capacity to serve this site. Department of Parks & Recreation: No comment. Health Department: Health Department has no objections to the rezoning request. Winchester Regional Airport: The proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Frederick County Public Schools: We offer no comments. Attorney Comments: It is my opinion that the Proffer Statement would be in a fonn to meet the requirements of the Frederick Country Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subj ect to the following: Introductory paragraph — Concerning subsequent amendments or revisions to the proffers, to read more clearly, "and such are approved by the Board of Supervisors" should read "and such subsequent amendments or revisions to such conditions are approved by the Board of Supervisors". Also, the reference to "TM#s 53A-A-6" should not include the plural "s" and, in the last sentence of the paragraph, "owner" should be plural. Proffer 1 — The 0 0 Rezoning 907-08 — Unger Property September 30, 2008 Page 3 proffer should state that the use and development of the subject property shall be in conformity with the Generalized Development Plan (GDP) dated 7/8/08, identified as "GDP", and which is attached to the proffer statement, and should then indicate the matters that the GDP reflects. Proffer 2b — To avoid any later ambiguities, the references to the parcels served by the entrance should be generic, that is, to the subject parcel and to TM# 53A-2-C (or, if greater specificity was intended or desired concerning the neighboring property in particular, the proffer could state "...to the subject parcel and to the conurrercial establishment [or, for more specificity, "the restaurant] on TM# 53A-2-C..."). Proffer 3 — For consistency with the terminology of the Zoning Ordinance, the applicant may wish to change "pharmacy" to "drugstore". For clarity, the reference to square footage and improvements would read better as "containing a floor area of approximately 13,225 square feet and associated improvements...". The last part of the proffer should state that the structure/improvements will be constructed in conformity with the GDP. Proffer 5 — The GDP does not show the referenced easements. Closing paragraph — The reference to "owner" should be plural. The final version of the rezoning application form will need to indicate the capacity in which the signatory for the applicant is acting (e.g., title) and, as well, the form and the proffers will need to be signed by both owners. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Staff Comment: The County Attorney's coininents have been addressed by the revised proffer statement. Planning Department: Please see attached letter dated July 31, 2008, and signed by Candice E. Perkins, Senior Planner. Planning & Zonina: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning of both parcels as B-2 (Business General) District. In 1980, parcel 53A-A-6 was included in the County's comprehensive downzoning and was changed from B2 to R-3 (Residential Limited) District. The zoning changed to RP (Residential General) District on September 28, 1983 when the Rl, R2, R3, and R6 zoning districts were reclassified. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] 0 0 Rezoning 907-08 — Unger Property September 30, 2008 Page 4 Land Use The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned conuizercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting a rezoning to the B2 (Business General) Zoning District and therefore this request is in general conformance with the Comprehensive Policy Plan. Transportation and Site Access The subject site is currently accessible via North Frederick Pike (Route 522). As shown on the Generalized Development Plan (GDP), the proposed use is a CVS Pharmacy that will be developed on four parcels of land. The GDP shows the ultimate access for the site as being from one entrance on Westminster -Canterbury Drive (Route 1318) and a right in/right out on North Frederick Pike (Route 522). The new entrance on Route 522 will be a shared entrance with the adjacent Continental Restaurant property. The proffers for the rezoning account for the closure of the existing entrances on the Continental Restaurant property and the construction of a new shared right -in /right -out entrance on Route 522 as well as the construction of a new right out on the Continental Restaurant site as shown on the GDP. The proffers and GPD account for the construction of a sidewalk along Westminster -Canterbury Drive and a ten foot bicycle/pedestrian path along Route 522. This application also accounts for the closure of the crossover on Route 522 and Hickory Lane as well as the construction of a left turn lane at the second crossover to the south of the site on Route 522. 3) Site Suitability/Environment No flood plains, lakes or ponds, wetlands, sinkholes, steep slopes, or other enviromnental features have been identified. The General Soil Map of the Soil Survey of Frederick County, Vir ig nia indicates that the soils comprising the subject parcel fall under the Frederick-Poplimento Loams soil association (14B). These soil types are gently to strongly sloping, well -drained, and deep. 5) Proffer Statement — Dated July 15, 2008, Revised August 6, 2008, September 3, 2008 and September 29, 2008: 1) Generalized Development Plan • The use and development of the property shall be in conformance with the Generalized Development Plan. 2) Improvements to Route 522 and Route 1318 • Design and construction of a right turn lane eastbound into the site along the frontage of the site and extending along the frontage of PIN 53A-2-C (Continental Restaurant). • Design and construction of a right in/right out entrance from Route 522 to serve 0 0 Rezoning #07-08 — Unger Property September 30, 2008 Page 5 the subject parcel and PIN 53A-2-C (Continental Restaurant) via a permanent access easement. • Design and construction of a right turn lane northbound on Route 1.318 at its intersection with Route 522. • Design and construct a right out exit from PIN 53A-2-C (Continental Restaurant). • Design and construction of the closure of the crossover on Route 522 at Hickory Lane. • Design and construction of a left turn lane at the second crossover to the south on Route 522. • Design and construction of a 10 foot wide asphalt bicycle/pedestrian path along the Route 522 frontage and a sidewalk along the Route 1318 frontage as shown on the GDP. 3) Parcel Usage • The use of the site is limited to a pharmacy containing 13,225 square feet and improvements shall be constructed as shown on the GDP. 4) Monetary Contribution • $1,000 to Fire and Rescue 5) Inter -Parcel Circulation and Access • An Interparcel access easement shall be created for the benefit of PIN 53A-2-C (Continental Restaurant) as shown on the GDP. 6) Drainage Improvements for Westbury Conmrons • The applicant agrees to design and install drainage structures which will collect the storm water discharge from the stormwater management facility on the Westbury Commons site and convey the discharge to the Route 522 drainage system. These drainage structures will be installed only under the conditions that 1) the property owners of Westbury Cornmons grant reasonable access to the property and 2) said access is granted prior to the cornmencement of construction of the proposed pharmacy. The applicant agrees to create a 10' drainage easement for the benefit of Westbury Commons running through the site to allow for the conveyance of storm water runoff from Westbury Commons to the Route 522 drainage system. 7) Building Design • The building to be erected on the site shall be constructed using cast stone or brick or other masonry material with stucco accents. Screen walls for the trash receptacle and compactor shall be constructed using a cast stone or brick to match the building. 0 0 Rezoning 07-08 — Unger Property September 30, 2008 Page 6 PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/17/08 MEETING: Staff reported that the entrance -spacing waiver referred to in the application is not now needed. The new entrance on Route 522 will be a shared entrance with the adjacent existing Continental Restaurant property. The proffers and the GDP account for the closure of the existing entrances on the Continental Restaurant property and the construction of a new shared right -in, right -out entrance on Route 522, as well as the construction of a new right -out on the Continental Restaurant site, which negates the need for the waiver. Three citizens spoke during the public comment portion of the hearing. One was the developer of Westbury Commons, a community of 11 age -restricted, single-family homes, which borders the south side of the proposed rezoning site. I Ie said Westbury Commons consists of all -brick, one-story homes, priced from $400,000. He asked the Commission to protect the property values and quality of life for the surrounding homeowners and to consider a number of design requests, as follows: 1) request for the building to be moved forward towards Route 522 by 30-40 feet, increasing the buffer with the single- family homes; 2) request for the first -floor building elevation to be lowered to lessen its visual impact; 3) request for the building to be constructed with an all -brick exterior to improve the visual quality for adjacent single-family homes; 4) request for the dumpster location to be moved away from Westminster -Canterbury Drive to a less -visible location; 5) request for the proposed entrance on Westminster -Canterbury Drive to be moved further north within the intersection distance requirements; 6) request for specific hours of operation; 7) request that exterior lighting not adversely impact adjacent residential uses; and, 8) request for the fence buffer required by zoning ordinance to be moved away from the property line with Westbury Commons and located adjacent to the proposed parking lot to provide a more effective visual buffer. An adjoining property owner at 104 Hickory Lane was concerned about storm water runoff, parking lot lighting, noise, and he requested the use of barriers to separate the pharmacy business from his yard. The third citizen, with Fountain Homes, a home builder for Westbury Commons, spoke in favor of the rezoning because of the service it would provide to the age -restricted community. The Commission also recognized an email that was received from an adjoining property owner at 109 Hickory Lane expressing concerns and opposition to the proposed rezoning. The applicant's representative was available to respond to citizen comments and to answer questions from the Commission. The property owner, Mrs. Francis Unger, and her daughter were present and spoke in favor of the proposed pharmacy use. Members of the Commission preferred to see an all -brick exterior for the pharmacy building and the dumpster enclosure to improve the visual quality of the structure and they wanted the Board of Supervisors to consider this recommendation. In addition, they wanted the agreement pertaining to the frontage improvements to be signed by all parties and completed before the rezoning was considered by the Board. The Planning Cormmission unanimously recommended approval of the rezoning with these two stipulations. (Note: Commissioners Thomas, Kriz, and Watt were absent from the meeting.) 0 0 Rezoning #07-08 -- Unger Property September 30, 2008 Page 7 STAFF CONCLUSIONS FOR 10/08/08 BOARD OF SUPERVISORS MEETING: This is an application to rezone two parcels totaling 1.34 acres from the RP (Residential Performance) and the B2 (Business General) District to the B2 District with proffers to accommodate a proposed pharmacy. The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. Since the Plaiuiing Commission meeting the applicant has provided the signed agreement with the adjoining property owner for the Route 522 frontage improvements and has also revised the proffers to address the Commission's concerns regarding the exterior of the building and the dumpster enclosure. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. ' 53D 3 1 MP LLC 53D 3 4 MP LLC dsv Q 53 42 D UPPER CRUST LLC m r 42 A 1980 r WINSTONE LLC A --1 522 PATEL G _N �RF A�kF� S3q 5 NGER 5 ygSS/N 0�/.. 53 4 3 D1 If`i UPPE_ RLHarve,t 53A A 6 S3q 1 CRr�U�ST LLCUNGER B C<qRk 1 5 Comm • S unities, Inc /f/pS34 r S3 3 �Ar C�/Rq y 17 -* ` RON ' FgNq? � S wEST183U L �I oFeRq<yNN F40 ROC" �? 2 Unger Property Rezoning REZ 07 - 08 PIN: 53A-A- 5, 53A-A- 6 Case Pl;uutet. Candice 9 Application Zoning M2 (lndustnal. General Digmt) ai Urban [k,elopment Arc, 41M BI (Busmess. Naghborhood Disinct) • MH I (Mobile Home Communm Dmnal ^� SWSA ^M B2 (Business. General Distnst1 410 MS (Medical Suppon Dinncn - B) (Business. Industnal T answon Distnet) — Ra (R-d-wl Planned Commumt) Distnco • EM (Ecuxi— Mmufxtunng Dtaneo • R5 tResidmnal Recreational Communm Disncn all, HE (Htghe, Educauon Dmncn RA tRural A— D ef, — MI (Industnal. Ltghi Distract) RP (Residential Perfommee Dutnct) 500 1,000 Feet 0 0 THIS AGREEMENT, made and dated this Z( -�, day of September, 2008, by and between ROBERT E. HASSINGER AND JOAN B. HASSINGER ("Hassinger"), and JEM X, LLC, a North Carolina limited liability company ("JEM"). RECITALS: A. Hassinger is the owner of that certain parcel of land containing 21,179 square feet, more or less, situate on the east side of North Frederick Pike (U.S. Route 522) at Sunnyside in Stonewall Magisterial District, Frederick County, Virginia, which has a street address of 1361 North Frederick Pike, upon which is located a restaurant known as "The Continental Restaurant", Tax Map No. 53A-2-D-C (the "Restaurant Property"). B. JEM intends to acquire those four parcels of land located on the east side of North Frederick Pike (U.S. Route 522), at the intersection of North Frederick Pike and Westminster -Canterbury Drive at Sunnyside in Stonewall Magisterial District, Frederick County, Virginia, currently improved by a car wash, a residence and a grocery store known as "Oates Grocery", Tax Map No. 53-4-2-D, 53-4-3-D1, 53A-A-6 and 53A-A-5 (the "JEM Parcels"). C. JEM is seeking to rezone that certain parcel designated as Tax Map No. 53A- A-6 to a B-2 zoning classification (the "Rezoning") and to obtain approval of a site plan for the construction and operation of a pharmacy on the JEM Parcels (the "Site Plan"), and as part of such process, has agreed to make certain improvements to the JEM Parcels and the Restaurant Property including reconfiguration of entrances from public highways to the properties (the "Restaurant Property Improvements"), as the same are more particularly described and depicted on that certain exhibit titled "Property Improvement Plan PIN #53A- 2-D-C" dated September 15, 2008, prepared by Painter -Lewis, P.L.C." (the "Exhibit"), a copy of which is attached hereto and incorporated herein by reference as if set out in full. NOW, THEREFORE WITNESSETH, for and in consideration of the payment of Ten Dollars, and in consideration of the mutual obligations of the parties hereto, the receipt and sufficiency of which is hereby aclaiowledged, the parties agree as follows: 1. Recitals. The recitals are incorporated herein and made a material part hereof as if set out in full. 2. Conditions Precedent: JEM's obligation and liability under the terms of this Agreement to make the Restaurant Property Improvements is expressly conditioned and subject to all of the following: i. Receipt of final, non -appealable approval of the Rezoning by the County of Frederick, Virginia (the "County"), or such other governing or judicial body • • having jurisdiction thereof on or before October 1, 2009; and, ii. Receipt of final, non -appealable approval of the Site Plan by the County, or such other governmental agency having jurisdiction thereof on or before October 1, 2009; and, iii. Issuance of a building permit for the construction of a phannacy (the "Pharmacy") upon the JEM Parcels by the County, or such other governmental agency having jurisdiction thereof on or before December 31, 2009; and, iv. There being no moratorium upon the construction of the Pharmacy or the provision of utility service to the Pharmacy located upon the JEM Parcels imposed by the County, or any other governmental agency or utility provider having jurisdiction thereof, which delays and/or stops the construction of the Pharmacy upon the JEM Parcels or the Restaurant Property Improvements. V. JEM, in its sole discretion may unilaterally extend any or all of the dates set forth above for up to two (2) years or waive any or all of the foregoing conditions. vi. Receipt of final, non -appealable approval of the Site Plan and issuance of a building permit by the County, or such other govermmental agency having jurisdiction thereof for the construction of the Restaurant Property Improvements on or before December 31, 2009. Restaurant Property Improvements: i. The Restaurant Property Improvements shall consist of the following, as are more f>?lly depicted on the attached Exhibit: a. A non-exclusive shared entrance from North Frederick Pike shall be constructed on the JEM Parcels to serve the Restaurant Property and the Pharmacy, the approximate location and design of which is depicted and labeled as "Shared Entrance" on the attached Exhibit. A temporary construction easement to construct the Restaurant Property Improvements and a permanent ingress/egress easement for the shared entrance over a portion of the JEM Parcels and the Restaurant Property and for vehicular and pedestrian traffic across the paved areas of the JEM Parcels and the Restaurant Property both in a form approved by JEM will be executed by Hassinger and JEM and recorded among the land records in the Cleric's Office of the Circuit Court of Frederick County, Virginia prior to construction of the Restaurant Property Improvements. b. The North Frederick Pike frontage along the Restaurant Property will be improved with curb and a bike path, as required by the County and the Virginia Department of Transportation, the approximate location and design of which is 0 • depicted and labeled as "Bicycle/Ped Path" on the attached Exhibit. C. An entrance to serve the Restaurant Property will be constructed from Shared Entrance off of North Frederick Pike, the approximate location and design of which is depicted and labeled as "Restaurant Entrance" on the attached Exhibit. d. The existing pylon sign located upon the Restaurant Property will remain in its current location and condition, the approximate location of which is depicted and labeled as "Existing Pylon Sign" on the attached Exhibit. e. A boundary line adjustment will be granted to cause approximately 4,100 square feet of land to be added to the Restaurant Property out of the JEM Parcels, the approximate location and layout of which is depicted and labeled as "Boundary Adjustment Area" on the attached Exhibit. f. JEM will apply for the necessary approvals to construct a right out only exit onto North Frederick Pike as part of the Rezoning, the approximate location and design of which is depicted and labeled as "Right Out Exit" on the attached Exhibit; however, JEM does not warrant or guaranty that the approval for the Right Out Only Exit will be obtained. In the event the approval for the Right Out Exit is not obtained, JEM will have no further obligation related to the Right Out Exit including, but not limited to, any duty to appeal any decision not to grant approval for the Right Out Exit. ii. Provided that all of the terms and conditions of Section 2, above, have been met and fiilly satisfied, then and in that event, JEM agrees to make the Restaurant Property Improvements (or those of which JEM has received approval to construct) at such time as the Pharmacy is constructed upon the JEM Parcels. However, in the event that all of the terms and conditions of Section 2, above, are not met and satisfied in full to JEM's satisfaction, then and in that event, JEM shall have no liability or obligation whatsoever to construct the Restaurant Property Improvements to grant an ingress/egress easement for pedestrian and vehicular traffic across the paved areas of the JEM Parcels or make the Boundary Line Adjustment. In the event JEM does not receive approvals for the Rezoning, the Site Plan or for any of the Restaurant Property Improvements, JEM will have no further obligations related to this Agreement including, but not limited to, any duty to appeal any decision not to grant any of the approvals. iii. The Restaurant Property Improvements will be made at the sole cost and expense of JEM. 4. Notices: Any notice permitted or required by the provisions of this Agreement shall be deemed to have been given when delivered in writing as follows: • C To JEM: JEM X, LLC Post Office Box 3538 Gastonia, North Carolina 28054 Attn: James E. Martin, Manager Fax: 704/867-4273 To Hassinger: Robert E. Hassinger Joan B. Hassinger c/o Continental Restaurant 1361 North Frederick Pike Winchester, Virginia 22601 Fax: 540/ Miscellaneous: i. This Agreement contains the entire agreement between JEM and Hassinger and supersedes any prior and/or contemporaneous negotiations, understandings and agreements, written or oral, between JEM and Hassinger. This Agreement shall not be amended or modified except by written instrument executed by the parties hereto. ii. This Agreement shall be governed by the laws of the Commonwealth of Virginia. It is understood and agreed by the parties to this Agreement that if any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the Commonwealth of Virginia, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the part, term or provision held to be invalid. iii. This Agreement will extend to and be binding upon the heirs, personal representative, successors and assigns of the parties hereto and may be recorded at JEM's election. iv. Time is of the essence as to all matters set forth herein. V. Hassinger agrees to cooperate with JEM and to promptly execute and deliver to JEM all such applications, drawings, plats, certifications, easements, dedications and other documents that JEM or its agents request to obtain the approvals and to satisfy all of the teens and conditions of this Agreement. WITNESS the following signatures and seals: • WITNESS: // (A - GAwpdata\2392.040VEM - Hassinger Agrclean091608.doc JEM X, LLC By: James E. Martin, Manager (SEAL) ROB T f fKRq'lNGEA' SEAL JOA B. HASSINGER • • EpERICK 22 S ALD OL/ E52o-':RXS P-1 __ _ ��SHARED ENTRANCE O T - �?_�_ NepUNp��gNEs_ BICYCLE/PED PATH RIGHT OUT EXIT ' EXISTING PYLON SIGN ' — �RESTAURANT ENTRANCE EASEMENT — _ a i BOUNDARY ADJUSTMENT F1 0 I 1 ' � m R _ i PAINTER-LEWIS, P.L.C. PROJECT: SURVEY P-L CNA 817 Cedor Creek Grade, Suite 120 PROPERTY DRAWN BY: J08 NO.: Winchester, Virginia 22601 IMPROVEMENT PLAN JCL 0803 001 SCALE: DATE: Telephone (540)662-5792 PIN#53A-2_D—Ci 11"=50.0' 09/15/08 CONSULTING Facsimile (540)662-5793 SHEET: ENGINEERS Email office@pointerlewis.com HASSINGER—EXHIBIT • • - NOR T '__�- _ ��• _?FREI ERr�K P�K E (PUS E _ '-�-_OUrE 522SOU SOON p �gNEs_ SHARED ENTRANCE - BICYCLE/PED PATH - r- RIGHT OUT EXIT 0 u - - _7 rrrrr -- EXISTING PYLON SIGN I - - RESTAURANT ENTRANCE - t�1 EASEMENT ---,-BOUNDARY ADJUSTMENT I I If "" ,•� 11 r '3i 1 1 1 _ PAINTER-LEWIS, P.L.C. 817 Cedor Creek Grade, Suite 120 Winchester, Virginia 22601 ram Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 ENGINEERS Email office®pointerlewis.com PROJECT: PROPERTY IMPROVEMENT PLAN PIN#53A-2-D-C SURVEY Ci: P-L NA DRAWN BY: JOB NO.: JCL 080 SCALE: DATE: 1•-50.0' 09/15/08 SHEET: HASSINGER_EXHIBIT 9 0 REZONING APPLICATION 07-08 UNGER PROPERTY Staff Report for the Planning Commission Prepared: September 4, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report, Reviewed Action Planning Commission: 09/17/08 Pending Board of Supervisors: 10/08/08 Pending PROPOSAL: To rezone .49 acres from B2 (General Business) District to B2 with proffers, and .85 acres from RP (Residential Performance) District to B2 (Business General) with proffers. LOCATION: The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 53A-A-5 and 53A-A-6 PROPERTY ZONING: B2 (Business General) and RP (Residential Performance) RESENT USE: Commercial and Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Commercial — Stonewall Plaza South: RP (Residential Performance) Use: Residential East: B2 (Business General) Use: Commercial — Continental Restaurant RP (Residential Performance) Use: Residential West: B2 (Business General) Use: Commercial PROPOSED USE: Commercial Use (13,225sf Pharmacy) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA tic uuflgjtutoLt vy i c'uiinios ut�ajf. ming Amendment N amber Hearing Date G% ��r /O w tx;p Fec Amount Paid $ 7 / 89 Date Received ,' BOS Hearing Date .Loy The folloi.ving information shall be provided by the applicant. - All parcel identification.numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, 'Winchester. 1. Applicant: Name: jffilh-�-er - Ltu'J_is, PLC Telephone: 540 Wa - S-7 r J Address: � I q 0 0 rl n r Ci e(-,K (� Isar.%! ..7U 14-6 %2'0 2. Property O`vner (if different than above) `�� Name: V e,C110n. Cj2j _I I�i. MCr ; UWa Tclephonc5t `9IaG - 5G --n Address: `J I 3. Contact person if other than above Name: NA 4. Cheeldist: Check the following items that have been included with this application. Location map Agency Coirmients Plat Fees Deed to property impact Analysis Statement Verification of taxes paid Proffer Statement S. The Code of Virginia allows us to request full diselosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: A) Current Use of the Property: Pies i e, en.ti al B) Proposed Use of theProperty: 7. Adjoining Property: PARCEL ID NUMBER 53.E - a - D -- �. 5--2,A -a - D- �--3a-14- C5 5 q - a- D 536 - S - n e) USE PIC-s oe'ni- Rr-dCjcnjmu es d.e.n -irii Comm( ' a omrrn_rt' _d9 Cbnp=rUai ZONING P_P I3A �a Qa RP The property is located at (give exact location based on nearest road and distance From nearest intersection, using road names and route numbers): Roik 5aa bciW een 9 • • 9. The following information should be provided accot•ding to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhorne: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: �3, aa5 s•� Manufacturing: Restaurant: Warehouse: Other: to. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. • I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Platnung Conunission public hearing and the Board of Supervisors` public hearing and maintained so as to be visible from the road right-of-way umtil the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applieant(s): Date: X Date: Owner(s): Date: '6 — G — 6 7e Date: 0 12 9 • Special Limited Power of Attorney County of Frederick, Virginia Preclericic Planning Web Site: www-c,o.fi-ede"id�.va us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Wincliester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By Those Present: That f (We) (, (Naive) Uei� on � F-r6jnCC'S \11 1�� Ci' (Phone) 540- c} 9 - Suer, (Address) f ll Iq LEY] rIC.(�c . v1 "I��'1C-�t'lS 0,1i�I i VA �0(o,S the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by InstrLiment No. on Page &.C7 and is described as Parcel:5`(pLot: Q Block: 53-A-Sectioil: Subdivision: do hereby nnmake, constitute and appoint: (Name) „ 1 n I-C=i-- UcW t 5 {� L , `.. (Phone.) (-C- 3 - 5'7q a (Address)c�I� ca r �reeK m-O,'e, V nche,siCr VA ROWJ To let as my true and lawful attorney -in -fact for and n1 illy (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, mclliding: Rezoning (including proffers) _ Conditional Use Permit _ Master Development Plan (Preliminary and F inal) _ Subdivision _ Site Plan _ Variance or Appeal Coll,preliensive Policy Plait Amendment i\,Iy attorney -in -fact shall have the authority to offer proffered conditions and to Make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year froul the day it is signed, or until it is otherNvise reseinclecl or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this CP day of C, 200L, Signature(s) State of Virginia, City/County of �( _, To -wit: LU F�1�Q 5 _ , a Notary Public in and for the aforesaid, certify that the persons) who signed to the foregoing instrunient personally appearccl befor nle c. and has acknowledged the same before nlc in thejurisdiction aforesaid this day of 200 b _ ej My Commission Expires: N : i Public Rc' I's '117108 9 0 • • Unger Property TM# 53A-A-6 Rezoning Street Addresses of Properties w/i 300 feet Name and Property Identification Number Owner Address Name: Unger, Vernon B. & Frances 5179 Barley Drive Property # 53A-A-5 Stephens City, VA 22655 Name: Kipps, Almira 106 Hickory Lane Property # 53A-2-D-3 Winchester, VA 22603 Name: Upper Crust, LLC 112 A Bruce Street Property # 53-4-3-D Winchester, VA 22601 Name: Upper Crust, LLC 112 A Bruce Street Property # 53-4-3-D1 Winchester, VA 22601 Name: Wrenn, Gerald A. Jr. & Jami El 104 Hickory Lane Property # 53A-2-D-2 Winchester, VA 22603 Name: Clark, Robert 102 Hickory Lane Property # 53A-2-D-'I Winchester, VA 22603 Name: Harvest Communities, Inc 147 Creekside Lane Property # 5313-5-11 B Winchester, VA 22602 Name: Hassinger, Robert 108 Lisa's Drive Property # 53A-2-C Winchester, VA 22603 Name: MP, LLC 1205 Caroline Street Property # 53D-3-1 Winchester, VA Name: MP, LLC 1205 Caroline Street Property # 53D-3-4 Winchester, VA 14 • 0 Rezoning 907-08 — Unger Property August 19, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 522 North and 1318. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Unger Property Rezoning application dated July 15, 2008 address transportation concerns associated with this request. We offer the following comment: We feel the proffer statement should include closing the first crossover to the south and provide a left turn lane at the second crossover to the south to accommodate U-turns. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Staff Note: The revised proffers for the rezoning address the closure of the crossover as well as the turn lane. Fire Marshall: Plan approval recommended. Department of Public Works: We have no comments at this time. We reserve the right to perform a detailed review of the site plan submitted for the proposed commercial property. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: There is adequate sewer and water capacity to serve this site. Department of Parks & Recreation: No comment. Health Department: Health Department has no objections to the rezoning request. Winchester Regional Airport: The proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Frederick County Public Schools: We offer no comments. Attorney Comments: It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick Country Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: Introductory paragraph— Concerning subsequent amendments or revisions to the proffers, to read more clearly, "and such are approved by the Board of Supervisors" should read "and such subsequent amendments or revisions to such conditions are approved by the Board of Supervisors". Also, the reference to "TM#s 53A-A-6" should not include the plural "s" and, in the last sentence of the paragraph, "owner" should be plural. Proffer 1 — The Rezoning #07-08 — Unger Property August 19, 2008 Page 3 proffer should state that the use and development of the subject property shall be in conformity with the Generalized Development Plan (GDP) dated 7/8/08, identified as "GDP", and which is attached to the proffer statement, and should then indicate the matters that the GDP reflects. Proffer 2b — To avoid any later ambiguities, the references to the parcels served by the entrance should be generic, that is, to the subject parcel and to TM# 53A-2-C (or, if greater specificity was intended or desired concerning the neighboring property in particular, the proffer could state "...to the subject parcel and to the commercial establishment [or, for more specificity, "the restaurant] on TM# 53A-2-C..."). Proffer 3 — For consistency with the terminology of the Zoning Ordinance, the applicant may wish to change "pharmacy" to "drugstore". For clarity, the reference to square footage and improvements would read better as "containing a floor area of approximately 13,225 square feet and associated improvements...". The last part of the proffer should state that the structure/improvements will be constructed in conformity with the GDP. Proffer 5 — The GDP does not show the referenced easements. Closing paragraph — The reference to "owner" should be plural. The final version of the rezoning application form will need to indicate the capacity in which the signatory for the applicant is acting (e.g., title) and, as well, the form and the proffers will need to be signed by both owners. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Staff Comment: The County Attorney's comments have been addressed by the revised proffer statement. PlanninjZ Department: Please see attached letter dated July 31, 2008, and signed by Candice E. Perkins, Senior Planner. PlanninjZ & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning of both parcels as B-2 (Business General) District. In 1980, parcel 53A-A-6 was included in the County's comprehensive downzoning and was changed from B2 to R-3 (Residential Limited) District. The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1 ] • 0 Rezoning #07-08 — Unger Property August 19, 2008 Page 4 Land Use The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting a rezoning to the B2 (Business General) Zoning District and therefore this request is in general conformance with the Comprehensive Policy Plan. Transportation and Site Access The subject site is currently accessible via North Frederick Pike (Route 522). As shown on the Generalized Development Plan (GDP), the proposed use is a CVS Pharmacy that will be developed on four parcels of land. The GDP shows the ultimate access for the site as being from one entrance on Westminster -Canterbury Drive (Route 1318) and a right ii-dright out on North Frederick Pike (Route 522). The new entrance on Route 522 will be a shared entrance with the adjacent Continental Restaurant property. The proffers for the rezoning account for the closure of the existing entrances on the Continental Restaurant property and the construction of a new shared right -in /right -out entrance on Route 522 as well as the construction of a new right out on the Continental Restaurant site as shown on the GDP. The proffers and GPD account for the construction of a sidewalk along Westminster -Canterbury Drive and a ten foot bicycle/pedestrian path along Route 522. This application also accounts for the closure of the crossover on Route 522 and Hickory Lane as well as the construction of a left turn lane at the second crossover to the south of the site on Route 522. 3) Site Suitability/Environment No flood plains, lakes or ponds, wetlands, sinkholes, steep slopes, or other environmental features have been identified. The General Soil Map of the Soil Survey of Frederick Counter inia indicates that the soils comprising the subject parcel fall under the Frederick-Poplimento Loams soil association (1413). These soil types are gently to strongly sloping, well -drained, and deep. 4) Potential Impacts A. Transportation Waiver Request In conjunction with this rezoning application, the applicant is requesting an entrance spacing waiver on Route 522. As shown on the GDP, the applicant is proposing to have a right-ii-dright- out entrance on Route 522 which is less than 200 feet from the existing entrance on the adjacent property (The Continental Restaurant). 0 0 Rezoning #07-08 — Unger Property August 19, 2008 Page 5 In accordance with Section 165-2913(1), the Planning Commission may allow other means of motor vehicle access which do not meet the requirements set forth in 165-29, which is the section of the Zoning Ordinance that establishes entrance spacing requirements. The approval of this waiver request would allow this property to develop a pharmacy use with a new entrance that would be adjacent to the existing entrance on the Continental Restaurant property. If the rezoning application and the waiver request are granted, then the site will develop as a pharmacy consistent with the GDP. 5) Proffer Statement — Dated July 15, 2008, Revised August 6, 2008 and September 3, 2008 A) Generalized Development Plan • The use and development of the property shall be in conformance with the Generalized Development Plan. B) Improvements to Route 522 and Route 1318 • Design and construction of a right turn lane eastbound into the site along the frontage of the site and extending along the frontage of PIN 53A-2-C (Continental Restaurant). • Design and construction of a right ii-dright out entrance from Route 522 to serve the subject parcel and PIN 53A-2-C (Continental Restaurant). • Design and construction of a right turn lane northbound on Route 1318 at its intersection with Route 522. • Design and construct a right out exit from PIN 53A-2-C (Continental Restaurant). • Design and construction of the closure of the crossover on Route 522 at Hickory Lane. • Design and construction of a left turn lane at the second crossover to the south on Route 522. • Design and construction of a 10 foot wide asphalt bicycle/pedestrian path along the Route 522 frontage and a sidewalk along the Route 1318 frontage as shown on the GDP. C) Parcel Usage • The use of the site is limited to a pharmacy containing 13,255 square feet and improvements shall be constructed as shown on the GDP. D) Monetary Contribution • $1,000 to Fire and Rescue E) Inter -Parcel Circulation and Access • An Interparcel access easement shall be created for the benefit of PIN 53A-2-C (Continental Restaurant) as shown on the GDP. F) Inter -Parcel Circulation and Access 9 0 Rezoning #07-08 — Unger Property August 19, 2008 Page 6 An Interparcel access easement shall be created for the benefit of PIN 53A-2-C (Continental Restaurant) as shown on the GDP. G) Drainage Improvements for Westbury Commons • The applicant agrees to design and install drainage structures which will collect the storm water discharge from the stormwater management facility on the Westbury Commons site and convey the discharge to the Route 522 drainage system. These drainage structures will be installed only under the conditions that 1) the property owners of Westbury Commons grant reasonable access to the property and 2) said access is granted prior to the commencement of construction of the proposed pharmacy. The applicant agrees to create a 10' drainage easement for the benefit of Westbury Commons running through the site to allow for the conveyance of storm water runoff from Westbury Commons to the Route 522 drainage system. STAFF CONCLUSIONS FOR 09/03/08 PLANNING COMMISSION MELTING: This is an application to rezone two parcels totaling 1.34 acres from the RP (Residential Performance) and the B2 (Business General) District to the B2 District with proffers to accommodate a proposed pharmacy. The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. A recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. i . $3Z54 2749M 1. • eft `.3«'�� - ,,, _ '�+ � � i,1` •�� . ��,��►�, _, •_ �..r �' �.t-�2S �a�/+? le�.w..l Wit' 3�t �.as Y��=• - 08-28.-2008 f 0 0 REZONING APPLICATION #07-08 UNGER PROPERTY Staff Report for the Planning Commission Prepared: August 19, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 09/03/08 Pending Board of Supervisors: 09/24/08 Pending PROPOSAL: To rezone .49 acres from B2 (General Business) District to B2 with proffers, and .85 acres from RP (Residential Performance) District to B2 (Business General) with proffers. LOCATION: The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 53A-A-5 and 53A-A-6 PROPERTY ZONING: B2 (Business General) and RP (Residential Performance) PRESENT USE: Commercial and Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Commercial — Stonewall Plaza South: RP (Residential Performance) Use: Residential East: B2 (Business General) Use: Commercial — Continental Restaurant RP (Residential Performance) Use: Residential West: B2 (Business General) Use: Commercial PROPOSED USE: Commercial Use (13,225sf CVS Pharmacy) 0 0 Rezoning 407-08 — Unger Property August 19, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 522 North and 1318. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Unger Property Rezoning application dated July 15, 2008 address transportation concerns associated with this request. We offer the following comment: We feel the proffer statement should include closing the first crossover to the south and provide a left turn lane at the second crossover to the south to accommodate U-turns. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Staff Note: The revised proffers for the rezoning address the closure of the crossover as hell as the turn lane. Fire Marshall: Plan approval recommended. Department of Public Works: We have no comments at this time. We reserve the right to perform a detailed review of the site plan submitted for the proposed commercial property. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: There is adequate sewer and water capacity to serve this site. Department of Parks & Recreation: No comment. Health Department: Health Department has no objections to the rezoning request. Winchester Regional Airport: The proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Frederick County Public Schools: We offer no comments. Attorney Comments: It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick Country Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: Introductory paragraph— Concerning subsequent amendments or revisions to the proffers, to read more clearly, "and such are approved by the Board of Supervisors" should read "and such subsequent amendments or revisions to such conditions are approved by the Board of Supervisors". Also, the reference to "TM#s 53A-A-6" should not include the plural "s" and, in the last sentence of the paragraph, "owner" should be plural. Proffer 1 — The • 0 Rezoning 407-08 — Unger Property August 19, 2008 Page 3 proffer should state that the use and development of the subject property shall be in conformity with the Generalized Development Plan (GDP) dated 7/8/08, identified as "GDP", and which is attached to the proffer statement, and should then indicate the matters that the GDP reflects. Proffer 2b — To avoid any later ambiguities, the references to the parcels served by the entrance should be generic, that is, to the subject parcel and to TM# 53A-2-C (or, if greater specificity was intended or desired concerning the neighboring property in particular, the proffer could state "...to the subject parcel and to the conunercial establislunent [or, for more specificity, "the restaurant] on TM# 53A-2-C..."). Proffer 3 — For consistency with the terminology of the Zoning Ordinance, the applicant may wish to change "pharmacy" to "drugstore". For clarity, the reference to square footage and improvements would read better as "containing a floor area of approximately 13,225 square feet and associated improvements...". The last part of the proffer should state that the structure/improvements will be constructed in conformity with the GDP. Proffer 5 — The GDP does not show the referenced easements. Closing paragraph — The reference to "owner" should be plural. The final version of the rezoning application form will need to indicate the capacity in which the signatory for the applicant is acting (e.g., title) and, as well, the form and the proffers will need to be signed by both owners. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Staff Comment: The County Attorney's comments have been addressed by the revised proffer statement. PlannintZ Department: Please see attached letter dated July 31, 2008, and signed by Candice E. Perkins, Senior Planner. PlanninV & ZoninjZ: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning of both parcels as B-2 (Business General) District. In 1980, parcel 53A-A-6 was included in the County's comprehensive downzoning and was changed from B2 to R-3 (Residential Limited) District. The zoning changed to RP (Residential General) District on September 28, 1983 when the Rl, R2, R3, and R6 zoning districts were reclassified. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living enviromnent within Frederick County. It is in essence a composition of policies used to plan for the fixture physical development of Frederick County. [Comprehensive Policy Plan, p. I -1 ] Rezoning 407-08 — Unger Property August 19, 2008 Page 4 Land Use The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting a rezoning to the B2 (Business General) Zoning District and therefore this request is in general conformance with the Comprehensive Policy Plan. Transportalion and Site Access The subject site is currently accessible via North Frederick Pike (Route 522). As shown on the Generalized Development Plan (GDP), the proposed use is a CVS Pharmacy that will be developed on four parcels of land. The GDP shows the ultimate access for the site as being from one entrance on Westminster -Canterbury Drive (Route 1318) and a right indright out on North Frederick Pike (Route 522). This application also accounts for the closure of the crossover on Route 522 and Hickory Lane as well as the construction of a left turn lane at the second crossover to the south of the site on Route 522. 3) Site Suitability/Environment No flood plains, lakes or ponds, wetlands, sinkholes, steep slopes, or other environmental features have been identified. The General Soil Map of the Soil Survey of Frederick Coujuty, Vir ig nia indicates that the soils comprising the subject parcel fall under the Frederick-Poplimento Loams soil association (14B). These soil types are generally to strongly sloping, well -drained and deep. 4) Potential Impacts A. Transportation Waiver Request In conjunction with this rezoning application, the applicant is requesting an entrance spacing waiver on Route 522. As shown on the GDP, the applicant is proposing to have a right-in/right- out entrance on Route 522 which is less than 200 feet from the existing entrance on the adjacent property (The Continental Restaurant). In accordance with Section 165-29B(l), the Planning Commission may allow other means of motor vehicle access which do not meet the requirements set forth in 165-29, which is the section of the Zoning Ordinance that establishes entrance spacing requirements. The approval of this waiver request would allow this property to develop a pharmacy use with a new entrance that would be adjacent to the existing entrance on the Continental Restaurant property. If the rezoning application and the waiver request are granted, then the site will develop as a pharmacy consistent with the GDP. Rezoning #07-08 — Unger Property August 19, 2008 Page 5 5) Proffer Statement — Dated July 15, 2008, Revised August 8, 2008 A) Generalized Development Plan • The use and development of the property shall be in conformance with the Generalized Development Plan. B) Improvements to Route 522 and Route 1318 • Design and construction of a right turn lane eastbound into the site along the frontage of the site. • Design and construction of a right in/right out entrance from Route 522 to serve the subject parcel. (Staff Note: The location of this entrance is subject to the entrance spacing waiver Bequest). • Design and construction of the closure of the crossover on Route 522 at Hickory Lane. • Design and construction of a left turn lane at the second crossover to the south on Route 522. • Design and construction of a 10 foot wide asphalt bicycle/pedestrian path along the Route 522 frontage and a sidewalk along the Route 1318 frontage. STAFF CONCLUSIONS FOR 09/03/08 PLANNING COMMISSION MEETING: This is an application to rezone two parcels totaling 1.34 acres from the RP (Residential Performance) and the B2 (Business General) District to the B2 District with proffers to accommodate a proposed pharmacy. The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. With this application, the applicant is also requesting that the Planning Commission grant them an entrance spacing waiver. This is strictly a Planning Commission waiver; action from the Board of Supervisors is not required. Staff would note that there are two actions required with this application, a decision on the waiver request and a recommendation to the Board of Supervisors on the rezoning application. Following the requirement for a public hearing, a decision on the waiver request and a recommendation on the rezoning application by the Planning Commission to the Board of Supervisors concerning this application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. • UNGER PROPERTY TM #53A-A-6,53A-A-5 Route 522-North Frederick Pike Proffer Statement Rezoning #: Property: PARCEL ID: 53A-A-5: 0.49 acres PARCEL ID: 53A-A-6: 0.85 acres Recorded Owner: Frances A. Unger Applicant: Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Project Name: Unger Property TM # 53A-A-6, 53A-A-5 Original Date of Proffers: July 15, 2008 Revision Date(s): August 8, 2008 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0803001 • PROFFER STATEMEN-T PARCEL ID: 53A-A-6, 53A-A-5 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application #a' -09 for the rezoning of parcels TM# 53A- A-6 from RP to B2 and 53A-A-5 from B2 to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such subsequent amendments or revisions to such conditions are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PRnFFFRS 1.) Generalized Development Plan The use and development of the subject property shall be in conformity with the Generalized Development Plan, identified as "GDP" and dated 08/06/08 and which is attached to the proffer statement. The GDP is for the purpose of identifying the general configuration of the proposed commercial development, the use of the site, the location of interparcel access easements, and construction improvements to Route 522 and Route 1318. 2.) Improvements to Route 522 and Route 1318 The applicant will make the necessary road frontage improvements, as required by Virginia `_ Department of Transportation, to Route 522 and Route 1318 in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. All improvements listed below and approved by VDOT will be constructed prior to issuance of a certificate of occupancy for the proposed pharmacy. 01 The improvements will include: a) The design and construction of a right turn lane eastbound into the site along the frontage of the site; b) The design and construction of a right in/right out entrance from Route 522 to serve the subject parcel; c) The design and construction of a right turn lane northbound on Route 1318 at its intersection with Route 522; d) The design and construction of the closure of the crossover on Route 522 at Hickory Lane; e) The design and construction of a left turn lane at the second crossover to the south on Route 522. f) The design and construction of a 10' wide, asphalt bicycle/pedestrian path along the Route 522 frontage and sidewalk along the Route 1318 frontage as generally depicted on the GDP. page 2 PROFFER STATEME. is PARCEL ID: 53A-A-6, 53A-A-5 • 3.) Parcel Usage The applicant agrees to limit the use of the parcel to that of a pharmacy containing approximately 13,225 square feet and associated improvements that will be constructed as generally shown on the GDP. 4.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Round Hill Community Volunteer Fire and Rescue Company the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site. 5.) Inter -parcel Circulation and Access The applicant agrees to provide an interparcel access easement for the benefit of the parcel identified by PIN 53A-2-C located to the east of the site. The general location of the easement is shown on the GDP. The easement will be created with the first site plan for the development of the site. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick • County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: Frances A. Unger` City/County of t1Q/iy)dU5k4r , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this b� h day of gy, , 200 Not y Public JU van/ Notary Registration number: 0 u 7q • My commission expires: 16 `31 -1/ page 3 _ Np FREDER Ui S. RED E IC 522 _ OV H& (✓J DeUC)` --_ .� D ENE 2c RIGHT TURN LANE a hl �I I v S NR pU E RTH S EDERICK _ 22 N0R /-Fj3 BLIC) p y4NCS 2f''--------_--- BICYCLE/PED PATH 2a -ems- RIGHT TURN LANE t- 2b RIGHT IN/RIGHT OUT ENTRANCE 1 ACCESS EASEMENT IN 53A-2—C - I 1 1 1 Ti, v 1 1 2e LEFT TURN LANE AT NEXT CROSSOVER ` o 2d MEDIAN CLOSURE T� M Ln l w r _V w 0 Ix LL- .. s N rn 'or))O 5 N L cn N 'n 3 N N � c L p •0 (.D c0 +' c� �, a U E `5 O LV � s O U (L) O Q O E Z t\ ? W 00 Q a �U) IN �� w D U) O w SURVEY: C.I.: P—L Nn DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=60.0' 08/06/08 SHEET: GDP 0 0 • IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for UNGER PROPERTY TM #53A-A-6, #53A-A-5 Route 522-North Frederick Pike Stonewall Magisterial District Frederick County, Virginia September 3, 2008 0 Prepared for: Frances A. Unger 5179 Barley Drive Stephens City, Virginia 22655 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 0803001 • UNGER PROPERTPM #53A-A-6, 53A-A-5 0 • IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section page i. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 6 page 2 UNGER PROPERAM #53A-A-6, 53A-A-5 0 • i.INTRODUCTION Frances A. Unger (the Owner) proposes to rezone two parcels of land located along Route 522 between Westminster -Canterbury Drive and Hickory Lane in Frederick County, VA. One parcel is currently zoned RA and is identified by Tax Identification Number 53A-A-6. The parcel contains 0.85 acres. The second parcel is identified by Tax Identification Number 53A-A-5. This parcel is zoned B2 and is included by reference in the proffers associated with this rezoning request. The location of these parcels is shown on Exhibit 1 on the following page. It is the Applicant's desire to have these parcels rezoned to B2, Business General District with proffers. The intended purpose of the rezoning request is to enable the owner to develop the land for commercial purposes. These parcels will be combined with adjoining parcels #53-4-2-D AND 53-4-3-Dl to create a single parcel that will be developed for use as a drug store. A. SITE SUITABILITY The subject parcels are currently used as a residence and a grocery. The parcels are located to the east of the Route 37 West Land Use Plan according to the Frederick County Comprehensive Policy Plan. The stated goal of the area study is to balance the economic development opportunities associated with the existing development activities while limiting development potential west of Route 37. The parcel is to the east of Route 37, within an area that already contains significant commercial development. The parcel �• is also within an area that contains significant residential development. The parcel is contained within the Eastern Frederick County Long Range land Use Plan and is identified for commercial development. The site is within the boundaries of the Sewer and Water Service Area as well as the Urban Development Area. A conceptual plan for the parcels once combined with the two adjacent parcels, has been developed and is shown as Exhibit 2. Combining the four parcels will provide frontage and access from both Route 522 and Westminster Canterbury Drive. The implementation of the conceptual plan will require the demolition of the existing buildings on the site. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0105 shows that the subject parcel is not in the floodplain. WETLANDS No wetlands have been identified on the site. STEEP SLOPES Steep slopes, as defined by the Frederick County Zoning Ordinance, do not occur within (6 the boundaries of the proposed rezoning area. page 3 1 , ShOpAin cw 9 a Ado e`. ?o -- — Co o Continental 3 0 � � Restataron Sunnyside Plozo J co �J Westbury ommons 1-- Sub ivision . ao ti Trr'rrT_ 4 I �--► fir_ `� I �� 1 \ TM#53A-A-6,53A-A-5 DRAWN BY: North Frederick Pike PAINTER-LEWIS, P.L.C. FREDERICK COUNTY, VA 817 Cedar Creek Grade, Suite 120 WINCHESTER, VIRGINIA 22601 SCALE: 1'-200' DRAWN BY: SEM TELEPHONE (540) 662-5792 DATE- 07-08-08 Boa p0803001 FACSIMILE (540) 662-5793 SHEET: EMAIL: office@pointerlewis.com PROPERTY EXHIBIT EXHIBIT 1 UNGER PROPERTAM #53A-A-6, 53A-A-5 0 i� MATURE WOODLANDS No mature woodlands are located within the boundaries of the proposed rezoning area. Some mature specimens exist on the perimeter of the site and some of these trees will be preserved during the construction of future commercial facilities. SOILS The soils on the site are in the Frederick-Poplimento associations. The USGS Soils map shows the predominant soil types on the site are Frederick-Poplimento Loams (1413) and Frederick-Poplimento Rock Outcrop Complex. These soils are gently to strongly sloping, well -drained, and deep. B. SURROUNDING PROPERTIES The subject parcel is bordered by parcels that are zoned either RP or B2. The surrounding parcels include TM#s 53A-2-D-3, 53A-2-D-2, 53A-2-D-1, 53A-2-C, 53-4-2- D, 53-4-3-D1, and 5313-5-11B. The locations of these parcels are shown on Exhibit 2. The zoning, owner, and use of each parcel is shown in the table below. Tax Map No. Owner Ex. Zoning Ex. Use 53A-2-D-3 Almira Kipps RP Res. 53A-2-D-2 Gerald & Jami Wrenn RP Res. 53A-2-D-1 Robert Clark RP Res. 53A-2-C Robert Hassinger B2 Com. 53-4-2-D Upper Crust, LLC B2 Com.. 53-4-3-Dl Upper Crust, LLC B2 Com.. 5313-5-11 B Harvest Communities, Inc. RP Res. The proposed commercial project has been designed to reduce impacts to the surrounding parcels by incorporating the design standards of the Frederick County Zoning Ordinance. Appropriate buffers and screening will be provided between the proposed commercial land and the existing residential land in order to mitigate the potential noise and lighting glare. The Conceptual Development Plan shown as Exhibit 2 shows the arrangement of buffers and screening along the existing residential parcels. C. TRAFFIC No Traffic Impact Analysis was performed for this rezoning. The future use is known for the site and a preliminary review by the Frederick County Department of Planning and Development and by VDOT has already been completed. The total build -out of the site is approximately 13,225 square feet of pharmacy retail space with drive through window. According to the Seventh Edition of the ITE Manual, this type of development will generate 1,166 average daily trips. The applicant has proffered that the pharmacy will be the use for the parcel. page 4 UNGER PROPERTYk #53A-A-6, 53A-A-5 0 It is the intention of the applicant to provide improvements to Route 522 in the vicinity of the site in accordance with input from Frederick County and VDOT. As shown in Exhibit 2, and as reiterated in the Proffer Statement, frontage improvements are proposed for adjacent parcel #53A-2-C. These improvements are clearly defined in the Proffer Statement. A Memorandum of Understanding has been signed by the owner of the adjacent parcel to indicate his willingness to participate in the construction of the proposed improvements. A copy of this memorandum follows Exhibit 2. D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county sewer system. Sewer is currently in the Route 522 right of way and can be extended to serve the site. E. WATER SUPPLY The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county water supply system. Water is in both the Westminster Canterbury Drive and Route 522 rights of way and can be extended to serve the site. =Q:7e11►F-1w:l The site lies within a small watershed which contains predominantly residential development. The watershed discharges to the drainage system in the Route 522 right of way. Please refer to Exhibit 3. According to the Frederick County Department of Public Works, storm water discharge from the Harvest Communities, Inc. housing development has contributed to some localized flooding of a property located to the east of the site. The Frederick County Department of Public Works has requested that the storm sewer system proposed for the pharmacy project be modified to pick up some of the upstream runoff and convey it directly to the Route 522 storm sewer system. If the permission of the owners of Harvest Communities, Inc. can be obtained, remedial work will be performed in conjunction with the construction of the pharmacy to improve the drainage system in the immediate area. It is important that the quantity and quality of storm water runoff from the site be preserved or enhanced through the development of the site. Any development on this site can be expected to increase stormwater runoff. Storm water management facilities will be constructed as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located near the site on Route 522 approximately 1 mile west of the subject parcel. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It �• is estimated that the development will generate approximately 27 pounds of solid waste page 5 0 s82•17•30.E 's - s i P./.N WLLC UZONED BZ -1 $ 0. 6 VACANT ; i INST.# 070017122 / 00171�2 1 1 1 ; / / � 1 o �j4.�y) 12,.15• S 0 I03 00 MP icc�� P.I.N.. ElC w l ► I USONED. Del ' 4 b ' ► rW j r i 1 �. / 1 3 VACANT i ? INS ACRES ► i # 070017123 W 1 ; � / 1 BPS � a i 1 , 1 , 1 , y?v 1 1 1 , • 1 1 1 1 � I 1 i � 1 j ; 1 1 1 � I i � 1 i 1 1 ' l 1, / 1 g Iti 2 1 UP ER CRUST, P..N.: 53-4- ZONED: B'd' 1 1 ��l ,,— , 30.35• 0 0w U S NOR7 F _ — OU7 52 —lck P K SpUTH301 l�) ES s - 48•54 a • Im i I� L ,D r PS:I S Wit_ ER CRUST; P.I.N.: 53-4-3—D1� ZONED: B2 l �/ ; seesriet z,8.3' s88.221,8-E � �!? ; see•2- 0 53A_2-C H US ZONED RE S 82 f 0.52 ORANT ry ' A RES I 1 — — s78.23.22 E56 .81' 23• W 1 3• N�•29'371,. 278.83' N6I.28.3t�. 107. J3. N77'12'31"W 154.223' V L JITI'1 JI �N 146.67' N77'12'311Y 342.90' — 53B-5-1 1 B T.M. 53A—A-6, 53A—A— HARVEST COMMUNITIES, INC. ZONED: RP TO BE REZONED 1 USE: COMMON SPACE 1 1 1 CIARKA-2-D,1 RpgE USE: RESIDENTIAL L. TIAL wRENN SERA D q-D-2 ZO jR. USE: RESIDENTIAL & JAM/ E 1 53 - K1Pp • 2-D-3 1 Zp S' ALM1RA Nr D 1 USE: RESIDENTIAL 5.3e_ Y, O Z Q > -- V _J Q w CO CL o U Q I Q W U Z Y U L W w ~ Q W O ■ J a" o o E ■� o (D N o" 0-)0 N Lo L N j) I) 3 o � 0 C) W� J Q' % o Ln a Q) O N O 'E 'o En L o o (1) W U L U U L - U O c F- E Z '� w _00 a a 0 Z � w _jw (n Z z OW U SURVEY: C.I.: COUNTY 5 DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=50.0' 09/03/08 SHEET: EXHIBIT 2 0 . • M. TYSON GILPIN, JR. ATTORNEY August 11, 2008 Mr. Robert Hassinger c/o Continental Restaurant 1361 North Frederick Pike Winchester, VA 22603 RE: MEMORANDUM OF UNDERSTANDING Unger Properly Rezoning/Continental Restaurant Property PIN 53A-2-C Dear Mr. Hassinger, 217 S. LOUDOUN STREET WINCHESTER, VIRGINIA 22601 VOICE (540) 678-1940 FACSIMILE (540) 678-9920 E-MAIL nugilpin@vcrizon.ncr It is requested that you endorse this letter to indicate your good faith intention to proceed with the negotiations on the subject rezoning with an open mind. It is understood that the proposal contained herein when endorsed by you is non -binding and has no legal effect. • No parties are bound by the terms and conditions contained herein and acknowledge that there may be additional terms and conditions or modifications to the terms contained herein, or no final agreement at all. Any party will be free to terminate its negotiations any time prior to execution by all parties of a mutually acceptable contract, with no legal obligations of any party to execute any contract or to continue negotiations. it is the intention of the parties not to impair the market value or the economic viability of the Continental Restaurant or lot PIN 53A-2-C. A plat denoted HASSINGER PROPERTY EXHIBIT IMPROVEMENT PLAN, FREDERICK COUNTY, VIRIGNIA dated 8/6/08 is attached as Exhibit A, which reflects generally the easements, boundary adjustments, and improvements contemplated. PROPOSED CONDITIONS 1. A common entrance from Route 522 will be constructed to serve your property and the proposed pharmacy. 2. VDOT and Frederick County will require that the Route 522 frontage along your property be improved with curb and a bike path. The existing pavement that is within the VDOT right-of-way will be removed and replaced with lawn. r� U 0 • 3. A separate entrance will be constructed to serve your property from the common • entrance. 4. The existing pylon sign on your property will remain in its current location and condition. 5. A boundary line adjustment will occur between your property and the adjacent property. Approximately 4,100 square feet of land will be added to your property. 6. A permanent ingress/egress easement will be put on record for the benefit of your property. 7. The developer will apply for permission to construct the exit only driveway during the rezoning process. It appears that both VDOT and the county may be willing to accept this exit. 8. The physical improvements will be made at no cost to you. If in agreement to proceed with negotiations, please endorse the copy of this letter enclosed where indicated below and return the copy to me. I only represent Painter -Lewis, P.L.C., the developers and proposers of these conditions and improvements, and not yourself. You should obtain legal counsel for yourself if you have any legal questions. • AGREED: Robert Hassinger 0 PAINTER-LEWIS, P.L.C. M. Tyson Gilpin, Jr., Esquire Counsel for Painter -Lewis, P.L.C. 217 S. Loudoun Street Winchester, VA 22601 Tel: (540) 678-1940 Fax: (540) 678-9920 SB #12619 UNGER PROPERTY -P#53A-A-6, 53A-A-5 per acre per day that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $225 in tipping fees will be paid to dispose of 5 tons of solid waste annually. H. HISTORIC SITES AND STRUCTURES The subject property does not contain any historic/archeological sites identified in Frederick County and Virginia Department of Historic Resources records. None is on the National Register of Historic Places or the Virginia Landmarks register. None of this site is located within any Civil War battlefield identified in the National Park Services, Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. The site is located between Fort Milroy and Star Fort but is not identified as core battlefield area. See the Civil War Battlefields and Sites exhibit on the following page. There are several historic sites within 1 mile of the site, of these three (3) are identified as potentially significant. The complete list of historical sites within a 1 mile radius of the site and map can be seen on Exhibit 4. I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL • The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Round Hill Community Volunteer Fire and Company located on Route 50 in Frederick County. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. J. LOT CONSOLIDATION The Generalized Development Plan in Section 7 shows the total site proposed for the pharmacy in a consolidated form. Consolidation will eliminate interior lot lines. 0 F .� \ reder`•�• ��, eke � • �. \ , 00 `,.� �• O / E, *APPROX. DRAINAGE AR JAG AR k p'ke \ � \ 80 Q Lo z mw M X> w w � cO O W Q Y Z (_) M <Lo IIx Of UJ � 0 � ui of w V- 0 ■ v J 0 aN E Q N N �r-,) OU cn N vi (n N 3 N o.Eo^ W JLo �°,c�o � Q) a� O O ° °' Q U) o o W U _O U ° E Z� W _00 a a III �IIIF 7 �; bj. SURVEY: C.I.: COUNTY 5' DRAWN BY: JOB NO.: SEM 0803001 200 0 200 SCALE: DATE: 1 "=200.0' 07/08/08 SHEET: EXHIBIT 3 • • jJames Wood High School 533e 0 532 I(V31 APPle Pie Ridge School _168 067 i LE RADIUS FROM SITE EARLY 20TH CENTURY HISTORICAL- AREA GAINESBORO DISTfN(- 3) Route 37 - STONEWALL 528 /,'� V20 i� I °rth 25` ,ede 27 �,1: 23 wR� Sunnyside �i`K !. Plaza r, ke 21 322 52 V/( VS1 52 520 \� SITE O 3 _ 147 '°rp ore 524 \ , O tQ `I CITY OF WINCHESTER MILE RADIUS FROM SITE DISTRIAT C16 esf P�. ITY//OF WINCHESTER HISTORICAL PROPERTY KEY U-) a. Q Q Z 10 - HOUSE NEAR STINE'S CHAPEL (DEM) 79 - HOUSE, RT. 739 Q U 68 - LEWIS HOUSE 70 - BOND HOUSE** i 141 - WAVELAND** Lo O 148 - UNIDENTIFIED w 322 - STARFORT w p 520 - SUNNYSIDE GROCERY 521 - BROWN HOUSE Q 521 - BROWN HOUSE U 524 - LIBERTY HALL** U 525 -MCDONALD HOUSE PQ7 _ � 526 - CARPER HOUSE In 0 Ev 527 - MARTIN HOUSE** ~ 0 528 - CLARK HOUSE _ LLJ 530 - HOUSE, RT. 522 b 531 - HOUSE, RT. 522 0 LL- 532 - YEAKLEY HOUSE 533 - HOUSE, RT. 522 559 - HOUSE, RT. 679 583 - MARTIN HOUSE V 1410 V20 - FRUIT HILL FARM** - UNIDENTIFIED ■••� ■ aN 0 NOTE: ** INDICATES A POTENTIALLY SIGNIFICANT a) o rn SITE AS DENOTED BY THE RURAL LANDMARKS N SURVEY REPORT OF FREDERICK COUNTY � ai N `j' -' '3 0-E W J U-)� U L U N U C O a V) t _ O N Q-(n LLJ Q> U - U O O E � Z'� W 00 a C� N Z Will J W W � Cnz z� oz U W SURVEY: C COUNTY 5' DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=200.0' O7/O8/08 SHEET: EXHIBIT 4 • .7 ire a7 ae� C'o R Id \ to \ j� Battlefield 12 Fortification/Entrenchment ' Cross i o V nction Z , CO \�0„ G 1� 5 so Ga' a bor \ �� 11 \\ C Gore earbro59 \ ru wn Hayfield - Ibi N€<' o _k H 7 37 i j } i i 17 S� tar Stephens. city / 27 N ' o F7,ed w E 3henanao 11 r. U C i diet 91 o S 0 2 4 mi. — Fred ,. irk _ _.- - arr Co.. CIVIL WAR SITES 1 First Battle of Kernstown 2 First Battle of Winchester 3 Second Battle of Winchester 9 Engagement at Rutherford's Farm 5 Second Battle of Kernstown 6 Third Battle of Winchester 7 Battle of Cedar Creek 8 Star Fort 9 Fort Cullier 10 Parkins Mill Battery 11Car sbrook Redoubt 1219th Corps Line 13 Hilandale Earthworks/1869-65 Line 19 Zig-Zag Trenches -------------------, Battlefields and ,Sites Frederick County Plonning S ➢evetopnent Civil War (As Defined by the NPS Shenan oa{t Valley Civil War Sites Study) 12-10-97 • 0 • IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for UNGER PROPERTY TM #53A-A-6, #53A-A-5 Route 522-North Frederick Pike Stonewall Magisterial District Frederick County, Virginia August 6, 2008 Prepared for: Francis A. Unger 5179 Barley Drive Stephens City, Virginia 22655 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 0803001 s.f UNGER PROPERAM #53A-A-6, 53A-A-5 0 E 0 9 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section page i. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 6 page 2 UNGER PROPERTOM #53A-A-6, 53A-A-5 • i.INTRODUCTION Frances A. Unger (the Owner) proposes to rezone two parcels of land located along Route 522 between Westminster -Canterbury Drive and Hickory Lane in Frederick County, VA. One parcel is currently zoned RA and is identified by Tax Identification Number 53A-A-6. The parcel contains 0.85 acres. The second parcel is identified by Tax Identification Number 53A-A-5. It is zoned B2 and is hereby included by reference. Please refer to Exhibit 1 on the following page. It is the Applicant's desire to have these parcels rezoned to B2, Business General District. The intended purpose of the rezoning request is to enable the owner to develop the land for commercial purposes. These parcels will be combined with adjoining parcels #53-4-2-D, and #53-4-3-D1 to create a single parcel that will be developed for use as a pharmacy. A. SITE SUITABILITY The subject parcels are currently used for residential and commercial purposes and located to the east of the Route 37 West Land Use Plan according to the Frederick County Comprehensive Policy Plan. The stated goal of the area study is to balance the economic development opportunities associated with the existing development activities while limiting development potential west of Route 37. The parcels are to the east of Route 37, within an area that already contains significant commercial development. The • parcels are also within an area that contains significant residential development. The parcels are contained within the Eastern Frederick County Long Range land Use Plan and are identified for commercial development. The site is within the boundaries of the Sewer and Water Service Area as well as the Urban Development Area. A conceptual plan for the parcels once combined with the two adjacent parcels, has been developed and is shown as Exhibit 2. Combining the four parcels will provide frontage and access from both Route 522 and Westminster Canterbury Drive. The implementation of the concept plan will require the demolition of the existing buildings on the site. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0105 shows that the subject parcel is not in the floodplain. WETLANDS No wetlands have been identified on the site. STEEP SLOPES 07., Steep slopes, as defined by the Frederick County Zoning Ordinance, do not occur within the boundaries of the proposed rezoning area. page 3 I �s h N F Ij opp/n9 P Q Co Continental •:� 3 0� Restatron a� Sunnyside Plaza ` cb E c 0 0 Westbury o mmons u b ivision / j u Lj z i TM # 53A—A— 6, 53A—A— 5 DRAWN BY: North Frederick Pike PAINTER-LEWIS, P.L.C. FREDERICK COUNTY, VA 817 Cedar Creek Grade, Suite 120 WINCHESTER, VIRGINIA 22601 GALE: 1'=200' DRAWN BY: SEM TELEPHONE (540) 662-5792 DATE: 07-08-081 Joe #0803001 FACSIMILE (540) 662-5793 SHEET: EMAIL: office@pointerlewis.com PROPERTY EXHIBIT EXHIBIT 1 U N G E R PR0PERT47 k #53A-A-6, 53A-A-5 10 • MATURE WOODLANDS No mature woodlands are located within the boundaries of the proposed rezoning area. Some mature specimens exist on the perimeter of the site and some of these trees will be preserved during the construction of future commercial facilities. SOILS The soils on the site are in the Fred erick-Pop limento associations. The USGS Soils map shows the predominant soil types on the site are Frederick-Poplimento Loams (1413) and Frederick-Poplimento Rock Outcrop Complex. These soils are gently to strongly sloping, well -drained, and deep. The subject parcels are bordered by parcels that are zoned either RP or B2. The surrounding parcels include TM#s 53A-2-D-3, 53A-2-D-2, 53A-2-D-1, 53A-2-C, 53-4-2- D, 53-4-3-D1, and 5313-5-11B. The locations of these parcels are shown on Exhibit 2. The zoning, owner, and use of each parcel is shown in the table below. Tax Map No. Owner Ex. Zoning Ex. Use 53A-2-D-3 Almira Kipps RP Res. 53A-2-D-2 Gerald & Jami Wrenn RP Res. 53A-2-D-1 Robert Clark RP Res. 53A-2-C Robert Hassinger B2 Com. 53-4-2-D Upper Crust, LLC B2 Com. 53-4-3-D1 Upper Crust, LLC B2 Com. 5313-5-11 B Harvest Communities, Inc. RP Res. The proposed commercial project has been designed to reduce impacts to the surrounding parcels by incorporating the design standards of the Frederick County Zoning Ordinance. Appropriate buffers and screening will be provided between the proposed commercial land and the existing residential land in order to mitigate the potential noise and lighting glare. The Conceptual Development Plan shown on Exhibit 2 shows the arrangement of buffers and screening along the existing residential parcels. C. TRAFFIC No Traffic Impact Analysis was performed for this rezoning. The future use is known for the site and a preliminary review by the Frederick County Department of Planning and Development and by VDOT has already been completed. The total build -out of the site is approximately 13,225 square feet of pharmacy retail space with drive through window. According to the Seventh Edition of the ITE Manual, this type of development will generate 1,166 average daily trips. The applicant has proffered that the pharmacy will be the use for the parcel. page 4 s m Se717'30-E 8,.00. 1 RI n t 1 P I NMP LLC ZONED. D-3-1 g USE82 : VACANT $ 0.7g CANT R INS # 0 ACRES 0017122 1 NeI114 30� � � 4ol.le' iova P 1 NMP LLC USONED DB2 —4 EVACAT /NST# 0 . CRES 0017123 P.I.N.: 53-4-3—Dl ZONED: B2 N77'12'31•W 154,223. N77'12'31^N 342.90' 53B-5-11B HARVEST COMMUNITIES, ZONED: RP USE: COMMON SPAC NOT F U S ROUTE REDERI _ '_• � I E K —'?? K SOUT HBp(PUBLI C� _ ND LANES _ — DJA—A-0, DJA—A— TO BE REZONED 0 w 0 a- 0 A-2—C V I USE: RES ED ED B2 1 • 0.5� A URAN7 J — ` Ne,•3e 3 w o � Q Q O Q w co O U Q W I Y U M Z w O U 0 LIJ LL- N y n 1 cn1 N�28.37 w W CLARKA-2—D— I USE: RESIDENTIAL D: ROBRpT L. 53A — GERALD �—D-2 USE: RESTDENR. & JAMI E. IAL — 53 — KIPpS 2—D-3 ZO ALM1Rq 1 USE: RESIDENTIAL 1 1 N t—' N U) N N v 0 o . � C Q)> a) 1` L U O L (fJ o� t N U U c r` W N r.) O � � U Lo U .� Q) N N — CD co C � � C �0o a� � � U c _ O t E O � U p a E w z �Lj Dw zz 0w 0 SURVEY: C.I.: P—L NIA DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=50.0' 08/06/08 SHEET EXHIBIT 2 �J tNO,- rT <. • • 8 \\ I U O X a7 c o D U) a \ D CD I D o�� x —I L ' m (n D = m00, Co I %' hte b"ry � r / 78 °_ / 80 7 % 1 ie Oor%�9t Or • e I N m`' dew Y �e M r- D o < PAINTER-LEWIS, P.L.C. PROJECT: m N r � Z < O m Z M X C 817 Cedar Creek Grade, Suite 120 TM#53A—A-6,53A—A-5 = Winchester, Virginia 22601 DRAINAGE EXHIBIT °D o Telephone (540)662-5792 W c o Facsimile (540)662-5793 FREDERICK CO., VIRGINIA D o Z CONSULTING 00 m o ' ENGINEERS Email office©painterlewis.com 0 0 1 Y bFfi �i• C7 • UNGER PROPERTOM #53A-A-6, 53A-A-5 10 • D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county sewer system. Sewer is currently in the Route 522 right of way and can be extended to serve the site. The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county water supply system. Water lines are in both the Westminster Canterbury Drive and Route 522 rights of way and can be extended to serve the site. F. DRAINAGE The site lies within a small watershed which contains predominantly residential development. The watershed discharges to the drainage system in the Route 522 right of way. Please refer to Exhibit 3. According to the Frederick County Department of Public Works, storm water discharge from the Harvest Communities, Inc. housing development has contributed to some localized flooding of a property located to the east of the site. The Frederick County Department of Public Works has requested that the • storm sewer system proposed for the pharmacy project be modified to pick up some of the upstream runoff and convey it directly to the Route 522 storm sewer system. If the permission of the owners of Harvest Communities, Inc. can be obtained, remedial work will be performed in conjunction with the construction of the pharmacy to improve the drainage system in the immediate area. It is important that the quantity and quality of storm water runoff from the site be preserved or enhanced through the development of the site. Any development on this site can be expected to increase stormwater runoff. Storm water management facilities will be constructed as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located near the site on Route 522 approximately 1 mile west of the subject parcel. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 27 pounds of solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $225 in tipping fees will be paid to dispose of 5 tons of solid waste annually. page 5 UNGER PROPERAM #53A-A-6, 53A-A-5 ' • H. HISTORIC SITES AND STRUCTURES The subject properties do not contain any historic/archeological sites identified in Frederick County and Virginia Department of Historic Resources records. None is on the National Register of Historic Places or the Virginia Landmarks register. None of this site is located within any Civil War battlefield identified in the National Park Services, Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. The site is located between Fort Milroy and Star Fort but is not identified as core battlefield area. See the Civil War Battlefields and Sites exhibit on the following page. There are several historic sites within 1 mile of the site, of these three (3) are identified as potentially significant. The complete list of historical sites within a 1 mile radius of the site and map can be seen on Exhibit 4. I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and • industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES 0 Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Round Hill Community Volunteer Fire and Company located on Route 50 in Frederick County. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. J. LOT CONSOLIDATION The Generalized Development Plan in Section 7 shows the total site proposed for the pharmacy in a consolidated form. Consolidation will eliminate interior lot lines. page 6 • Al.d� o PaP/ C / ' Cross Co V nction 50 Ga' a bor \ Gore earbro 59 rU Wn 81 Hayfield - Ibi ou{1 / 37 i 17 55 Ta tarry Stephens. C ty 27 J/ N Fre h�nlrokCo >< ' e a i dlet ai r o 0 2 4 mi. — Fred��k -. - r Co. CIVIL WAR SITES 1 First Battle of Kernstown First Battle of Winchester 3 Second Battle of Winchester -------------------�' [� FrederlCk County Plonning S Development Civil War Battlefields and Sites --�- Winchester. Virgirio ------ I (As Defined by the NI'S Shenandoah Valley Civil War Sites Study) 12-10-97 • C� • • • i _i --J1. r r! i� 2 1 James Wood _ I High School I _ > le Pie 33 532 Ridge School 55 -- .-- - - -- r O- ---�--- -- 583 -- Dj68 ,1 067 I LE RADIUS FROM SITE i P� EARLY 20TH CENTUF HISTORICAL AREA., ! AINE 5ran -!, &30 - 10 528 141 22 o N01- F Sun nyside 527� Plaza 0 1410 ' _ 526 � � _ �� z 5 2 ' ~' SITE 1 CorPo�ote 00, CITY OF WINCHESTER 1 MILE RADIUS FROM SITE Route 37 r 0 147 � t5vi.� STONEWALL 2 524 o� o�Q L G� DIST CT LINE 71 HISTORICAL PROPERTY KEY Lf) 10 - HOUSE NEAR STINE'S CHAPEL (DEM) Q z 79 - HOUSE, RT. 739 Q C7 68 - LEWIS HOUSE 70 - BOND HOUSE** 17 141 - WAVELAND** LO 0 148 - UNIDENTIFIED O 322 - STARFORT (p 0 520 - SUNNYSIDE GROCERY U 521 - BROWN HOUSE Q Q 521 - BROWN HOUSE I Y U 524 - LIBERTY HALL** Q _ U 525 - MCDONALD HOUSE V) 526 - CARPER HOUSE In 0 W 527 - MARTIN HOUSE** z4k 0 528 - CLARK HOUSE 530 - HOUSE, RT. 522 L, _ w 531 - HOUSE, RT. 522 0 532 - YEAKLEY HOUSE 533 - HOUSE, RT. 522 ate. 559 - HOUSE, RT. 679 583 - MARTIN HOUSE V 1410 - FRUIT HILL FARM** V20 - UNIDENTIFIED J O N NOTE: ** INDICATES A POTENTIALLY SIGNIFICANT Q) n o SITE AS DENOTED BY THE RURAL LANDMARKS ., '� (0rn N LO r- U) SURVEY REPORT OF FREDERICK COUNTY U ' `�' I `j 3 �E00 W Y d- Ln > - N U L C O — U w L O O U U N L- O E Z� w 00 a U cf) Z ly- J LLJ z U U : a2 'I O0 w SURVEY: C.I.: ch�s COUNTY 5' e, ITY//OF WINCHESTER DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=200.0' 07/08/08 SHEET: EXHIBIT 4 • • I�^ 1' / • u PAINTER-LEWIS, P.L.C. CONSUL TING ENGINEERS 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 May 28, 2008 tel.: (540)662-5792 fax: (540)662-5793 email: office@painterlewis.com Mr. Eric Lawrence Frederick County Department of Planning and Development 106 N. Kent Street Winchester, VA 22601 RE: Driveway Spacing Waiver Request P.I. N. Nos. 54-4-2-D, 53-4-3-D 1, 53A-A-5, 53A-A-6 Stonewall Magisterial District Dear Eric: On behalf of the contract purchaser of the four lots listed above, I am requesting a waiver from Section 165-29. A. (4) of the Frederick County Zoning Ordinance pertaining to "Minimum Driveway Spacing". This section requires a minimum distance between new driveways of 200 feet. Please refer to the following three items: 1) Aerial overview of the site; 2) Proposed Driveway Spacing Waiver Request Exhibit ("the layout exhibit"); 3) Draft of letter to Frederick County for use by Robert Hassinger. These four lots currently contain the Bubbleworks Car Wash, the Oates Grocery, and the Unger residence. The Site Aerial shows the three existing entrances along Route 522. The layout exhibit shows that entrance 1 provides access to the grocery and residence and the other two entrances, 2 and 3, provide access to the Continental Restaurant. Please note that there is an existing ingress/egress easement on the restaurant site to the benefit of the grocery site. This easement is shown on the layout exhibit. There is no ingress/egress easement agreement between the restaurant property and P.I.N. No. 53A-2-D-1. Access to this parcel is from Hickory Lane. The layout exhibit shows that the distance from Westminster Canterbury Drive to Hickory Lane is 535 feet along Route 522. The application of Section 165 would limit the number of driveways accessing Route 522 to one entrance located approximately 200 feet from both Westminster Canterbury Drive and Hickory Lane. As shown on the layout exhibit this one entrance would have to be located within a 135 foot space near the existing boundary between 53A-A-5 and 53A-2-C. Entrance 2 would meet the spacing require- ment with the closure of entrances 1 and 3. Due to a lack of depth on 53A-2-C, the re- construction of entrance 2 to current VDOT standards would interfere with vehicle circu- lation immediately in front of the existing restaurant. It would also eliminate a significant amount of parking area now serving the restaurant. The logical location for the entrance is on 53A-A-5 as shown on the layout exhibit. 0803001 PAINTER-LEWIS, P.L.C. ` Mr. Eric Lawrnece * May 28, 2008 I have spoken with Mr. Robert Hassinger, owner of the Continental Restaurant, and I have proposed the option of closing his two entrances and providing access via the pro- posed entrance shown on the layout exhibit. Mr. Hassinger is not willing to close his en- trances at this time. I provided Mr. Hassinger with a copy of a draft letter stating his posi- tion. He did not indicate whether or not he will sign it and forward it to you. Please consider the following in support of the proposed waiver: o The existing entrance to Oates Grocery will be closed. o A new entrance will be located further from the Westminster Canterbury Drive in- tersection. o The new entrance will have a deceleration lane and it will be designed to VDOT standards. o The location of the new entrance will ultimately meet the requirements of Section 165-29 and it is the logical location for the single entrance that can serve all par- cels fronting on Route 522 between Westminster Canterbury Drive and Hickory Lane. o The new entrance will permit "right in/right out" turning movements only. No left turns will be permissible. o A permanent ingress/egress easement will be provided for the benefit of 53A-2-C and the new entrance will be designed to permit a shared access with 53A-2-C. o The location of an entrance from Westminster Canterbury Drive will meet the re- quirements of 165-29. o While access from Westminster Canterbury Drive will serve the proposed devel- opment, the second access from Route 522 is necessary to meet the develop- ment requirements of the proposed pharmacy. In addition, two entrances will bet- ter serve all parcels fronting on Route 522 in the eventuality that entrances 2 and 3 are closed with the redevelopment of 53A-2-C. If you have any questions, please call me. S�17rey f//4 �/I /I //11/// ,f - J�" l/ V/ V /✓ n C. Lewis, P.E., C. L.A. Attachments C: J. Martin 0804007 PAINTER-LEWIS, P.L.C. '57 ----- -- Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester. VA 22601 Job # 0803001 Upper Crust, L.L.C. North Frederick Pike Frederick County, Virginia SITE AERIAL C: 0 To: Mr. Eric Lawrence -- -- Frederick County Department of Planning and Development 106 N. Kent Street Winchester, VA 22601 (tel: 665-5651) Date: May 22, 2008 Re: Shared Access with Proposed CVS Pharmacy From: Mr. Robert Hassinger Continental Restaurant 1361 North Frederick Pike Winchester, VA 22603 I have met with representatives of the developer of the CVS pharmacy proposed for the corner of Route 522 and Westminster -Canterbury Drive. I do not at this time wish to participate in the proposed shared access driveway, knowing that the result would be the closing of the two existing entrances to the Continental Restaurant. Robert Hassinger Date ----------- --------------------- FREDERICK PLAZA LAND TRUST 1 53D-3-1 w ZONED: B2 > USE: VACANT 0 1 o- Cf] W I— z IQ IU o' w LLJ I 1 FREDERICK PLAZA LAND TRUST 1 53D-3-4 1 ZONED: B2 USE: VACANT I � i NORTH FREDERICK PIKE 1 I'll ' II �! U PER CRUS ,_ LL � , wu 153=4-2 Q ZONED: B ai USE: -COMMER6T\ 4 200' Z___t55' X 55' PERMANENT ACCESS EASEMENT FOR THE BENEFIT OF PARCEL 53A-2—C UUNGER' 53A—'X-5 ZONED: 82 USE: CQ#4A-4€—&( it 1 _J I — 1 --- I UPPER CRUST, L�C 3-4-3—D1 ONED: B2 USE COMMERCIXLI 1 I I I M EXISTING ACCESS EASEMENT FOR THE ! —BENEFIT OF PARCEL 53A—A-5 �. - - - - - / 53A-2—D—Al W / THOMAS FERRELL Z / 53A-2—C 1 ZONED: B2 / ROBERT HASSINGER I USE: COMMERCIAL ZONED: B2 cr_ j USE: RESTAURANT — ` YO I � 1 �= I I 1 I 1 r I I f, 53A-2—D-1 / 1 ROBERT L. CLARK ZONED: RP I 1 USE: RESIDENTIAL 1 UNG R . I' 53A— —6 ZONE : B2 L 1 IISE: RE%IDEN�A 1 1 ' 1 I _ 1 I HARVEST COMMUNITIES, INC. 53B-5-11B 1 ZONED: RP 1 — — � USE: RESIDENTIAL 1 I CD Q V H w Z Z N X a > Q L U W W W Ld Z > =) 0 Cy w _jU oW�� U Y W X 2 V Q > QO M W 0 3 Z 0 � w LL. O V .4 - a-N coo 0')0) OU cnN I'- � vi cn N Lo U 3 W o a' O Q J Q) > `- O LV (L) U U U c I__ LL_ E � w Zr\ 00 a a SURVEY: C.I.: P—L NA DRAWN BY: JOB NO.: JCL 0803001 SCALE: DATE: 1 "=60' 05/27/08 SHEET: DWWAIVER G 0 JQ i'vIi E A LT i 0 ic V I R G I N A DEPARTIV;ENIT OF HEALTH - DIVISION OF VITAL RECOP;�� COMMONWEALTH OF VIRGINIA - CERTIFICATE OF DEATH DEPARTMENT OF HEALTH - DIVISION OF VITAL RECORDS - R CHMOND ;,T BURCIi LAGER ., June 27, 1993 82 April 12, 1.11 IN 0 . . .............. Winchester K-dical Center j 0 10 Winchester Er E] 1.840 Amherst St. !Virginia Frederick oi w-"o 7zF Winchester O 0 153 Bryarly Road 22603 Boyd Vernon Unger Bessie Pearl Shade call ---casian ___8 —T U.S.A. West VirginiawNr�wrc0w:HlEoFrances Adams Unger 22+4&5-bra} owner restaurant_ Frances Adams Unger - zz'. Zw fzi . . . . ..... ... .......... . .......... - ------------- I -- --- I.-- ------------- -- ---- Y — 7 z&,zC-, J.R.Tayman Rafter MD 230 W. Boscawen -S,t., Wincheter, V Cemetery Winchester Virginia Omps Fur)eral Haim """1600 Amherst St Winchester Va 22 .......... . . . ........ G. $ ".4 Ti'i•. F Jtj 1!1;;; 1. �t .: , al:j (71 Rich I DATF ISSifi:11 March 19,2008 a:" V;1.. C-0. 0 kj- k N 4- Page 1 of 1 Camra Database ID Number 53A A 5 isel rd Number 0013 890 Owners Name UNGER VERNON B & FRANCES Owners Name Continued Owners Address 5179 BARLEY DR Owners Address Continued STEPHENS CITY VA ZIP 22655 Acreage 0.49 Zoning B2 Total Improvments 157600 Total Land Value 106700 Total Property Value 264300 Physical House Number 1379 Physical Street Name N FREDERICK PIKE Deed Book Number Deed Book Page Number 0 Instrument Year 0 Instrument Number 0 Building Sq Ft 4800 Month Last Sold 0 Day Last Sold 0 Year Last Sold 0 Selling Price 0 01 Description .49 ACRE htt»://p is.co.frederick.va.us/Freeance/Client/PublicAccess 1 /printFrame.html 8/6/2008 of March 1961 at 3:10 P. D1. and with certificate of acknowledgment thereto annexed was admitted to record, ********************************** #4t,6 w J. KENNETH ROBINSON, ET :,I, qO DEED y b�7ERNON B. UNGER y' +************ ******************** kF, THIS DEED made and dated this 28th day of March, 1961, by and \ yd 4 ��\ between J. Kenneth Robinson and Ray Robinson, Jr., doing business as Kenray, a l partnership, parties of the first part, and Vernon B. Ungar, party of the second part. 0, WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant and convey with general warranty of title, unto the party of the second part, in fee simple, all of that certain tract of land, together with all appurtenances there - belonging, lying and being situate on the South side of U. S. Highway ,-'r` 522, Li Stonewall Magisterial District, Frederick County, Virginia, containing 1.034 ;acres, more particularly described by that certain plat and survey dated February 24, 1961, prepared by Lee A. Ebert, C.L.S., hereto attached and by this reference made a past of this Deed, and being a past of the same property conveyed to the said parties of the first part by deed of Ada W. Robinson, Widow, dated July 1960, and of record in the Clerk's office of the Circuit Court of Frederick County Virginia, in Deed Book page , to which deed and the references there in, reference is made for a further description of the said property. The said parties of the first part covenant that they have the right to convey the said property; that the said property is free of any encum brances; that the said party of the second part shall enjoy quiet possession to said property and the said parties of the first part will execute such further assurances of title as may be requisite. Witness the signatures of J. Kenneth Robinson and Ray Robinsc Jr., trading as Kenray, a partnership, this date first above written. ****************** KENRaY. A PARTNERSHIP REVENUE ST?PYPS $4.40 * By: J. KENNETH ROBINSON (SEF C *ILNCF.T 'T Partner By: RAY ROBINSON JR. (Sall) Partner II , State of Virginia, County of Frederick, I, Kathleen R. Kline, a Notary Public in and for the County said State aforesaid, do hereby certify that J. Kenneth Robinson and Ray Robinson, Jr., Partners, doing business as Kenray, whose names are signed to the foregoing writing, bearing data March 28, 1961, have personally appeared before me and aclrnowledged the same in my County and State aforesaid. My commission expires June 19, 1962. Given under iqy hand this 28th day of March, 1961. Y—THLEEDI R . KI INE ilo try Pubilc 11:01 P.M. 04-14-2008 34 /3 '9U UU/ U404 .b" 1 b "I 'i Tyy r. ;[ ;Y* �i95s,lrRearrar•rr0ra•r0rnrrr VERNON B. UNGER, MUX TO: GEED MICHEL, INLORi-,JRATED + rr�aeni,ar+++r+rrrrrrrarrirrr 31x 0 E 373 �'..� '"HIS MD pads and dated this 3rd day of _3ylx . .4 1979, by aful between VAMON B. UNGER and FRANCES A. UNGER, tL' o wife, pertims of the first part; and MICHEL, INCaRPURAT=, platy of the smvund part. t ifITNESTMt That for and in consideration of the uum of Ten (W ,03) Dollars, and other good anti valuable consideration, receipt of Sehich is hereby acknowledged, the said parties of the first pea:t. do ha eby grant and convey, with general warranty of le, vx to the Said party of the second part, in fags aiapls, of tru sa contain tracts or parcels of land, togother vitli the rorestmn to thereon and the a ppus onancen thersunto belonging, .!;;•,.��.,� lying ar,d, bating situate on the Southwest Highway Bound Line of U. ®, Rcn:.t:a 522, at Sunmysids, in Gainaaboro hagisteri isCrict, Tredaricil County, Virginia, designated as Parcel A-1, 00 tiain c• , :.:.a 13,301 ag. :ft., and Parcel B-1, containing 21,179 sq. ft. that C41-1-AL3 plat and surrey dated March 7, 1979, puspared by Las A. 30:rort, C.L.S., harsto attanhad and by this reference Isado - �'`:i part ot: t1 is Deed, and being a part of the aue property t, cOnvoyed to the said parties of the first � part by D®ed of Alfred rM. aipps,. et;.tint, dated April 1, 1954, of record is the Clerks tCircuit Corrt of - a' Otfire � rstia;iok County, :isgiaia, is Deed Bade 2310 Pogo 153, and c part of the sae» psoporty coayayad 7 ti. to the ;a.sad PArtiss Of the first part by Deed of, Vernon a. U,sger-7 -to S' 1961. of record in "a Aferaladw ••�� •• f• <_ 4 k»;2 273 Page 2740 to which dsods and plat and the a fereer7an; t2Mrein, reference is here made for a moae particra]as the said property. t '. 6sscril�tiChoi r.yb; albs aoaTeyLncs is made subject to the duly seoord,rd Y • .� � eaforRbab�o reetzictions, ♦"Aents and rights of way, if T aa7r affa�rtinq title to the at" property, e Come E sii r C y 4(i 667 04Ci4 STS 1 41, 1:11 :30 p.m. 04`-14-2008 35 ./ .: .+ .374 a Y., Tli(s said parties of tea tirat part do hereby retain a ^. right of way oarvas the Northwest O�orner of Parcel 5-1, sore particularly d.eacribed by the aforesaid plat with dimensions of 53.97 feet tLlcng the Western boundary of the right of way, 55.18 feet along U%4 Northern boundary of the right of way and 74.59 fast along the n boundary o! the right of way. R'ha me isis of the first past: do further grant an %st"Ont Ovez the parcel of land deeignared as " parcel, on the aforsse:.d plat extending from the Southwest corner of Parcel k E-1 for a dl.lstAncs Of 56.94 feet in a Southernly direction with :i. an oven width for a distance of 88,83 feet for the purpose of ''`• wing it as a drain fiald and to continue until public (sewer is available to the aforesaid property. S13a said party of the second prrt joins in tho vxecutiean s deed for tha express purpose of agreeing to ret(sntion izf {' r easanant: over tbA NOrthvsst corner as hersinbsfore decaribad to & oapt the aaaasaant for the drain field as described. Me said.'partiss of the first part oovanant that they x �I�atK'�tba blight to convey the maid property toctbe said party of tb# NOOOd part' that the said party of the second part shall re :fit & pesoaahls poseesaiOn to eai¢ property, free f� all �' , 11aos and wtroaobranass, except ss hersinabove statedr am the i b pattiVt Of the first part vill execute such further t ,asnraxcw of title as may be requisite. sri'i73U the following signatures and meals the date first above 'written, o �i; 1, E I 40 6670464 STS 1 tic 12:12 p.m. 04-1 4-2008 �c:510 375 MIC"L. ZSCORPORATLD M Eye h c ie R. re s an Anne•Ili�c�ati��e+tu/iui, Bacrea y 1� STAIR OIP VIRGINIA, COUNT11 7 PREDERICX# to -wits I, Patricia L. Jordan a Notary Public of and for %b4 County and State aforesaid, do hereby certify that Vernon B. Ungar, and Frances A. Unger, his wife, whose mass aru signed to the loregoinq writing, bearinq data the 3rd day of Ju�� ; 1979, have personally appeared before ice and I ackncrolodged saga. S Ky coaeeission expires Novspbar, Given under ay hand this 3C4 day of Jul- r 1979 ' i O 9TAB2 VIRGINIA, COQ1r Cr TREDSRICX, to -wits �l } I, _w Patricia L. Jordan__, a Not&iy Public of Gad for that County and State aforesaid, do hereby certify that Michel R. Gaudin and Anne -*"I* R. Gaudin, President and Sacraitary, rsspeolavely, o� Kiohal, Incorporated, whose noes are signed to 'the foregoing writing, bearing data the _ jrd_ day of 1979, haw personally appeared before me and ackcowledged sane. S+RMON16 my pomissi.on empires November 21, 1911 ` �� Given under wy hand this ]rd day of Jnly , �glA ' - 3 t!; ,r , 36 40 667 0464 S TS 1 A __AM01 1 2:42 p.m. 04-14-2008 37 i �— --- ---- !cep 510<< 376 xl I G• I � I N19' 3 C.o1 aEi sd ` 21,356 SQ.F% t a .TOIL[ 'N�'p GES ara1) L1) . e I may 4 N $LOCK t0on > 44.00, Id •[• ALw ot001, vtslOM r you lag-�3rf IttEL � ; � t � L0 �,.• ',� gtp,,EtG�� (li. � p� fir_. is sAMMENDIVENT TO: 1 : l,. . J. R IDARLINGMN SUBDV. U.S. RT.522& HICKORY ST. iGA, INESSORt.a nISTpICT fDERICK COUNTY Y r,.V INIA !7 i Ee;n EBERT v tttMWff i�a,u^01*s- Zsj inl'da-d rocrio o AJ m — 321, R9 9Q FT 2 �+ LOT I � N � M31'?4'33'F°-l22.!?3' I > 1{M v a —A 0 rn b LOT, ' a cc • SQ.rt.F T : o i �8 S32.2VW - 118.03'� level nu t HICKORY STREET � 50 FT. R / W 1 a 6670464 STS 1 1 :13:1 2 p.m. 04-1 4-2008 t. '! t Y y 510 77 i 4Thrr Accvmpanyir,g Flat - Amendment Tor J.P. Harlington Subdivision is a':Survwy of the Remaining Portions of t ie Land cones i tc Y ynr erncn B. Unex and Prances A. Unger by Dead dated 1 April 1954 in Dead Book 231 flgl) 153 and by )oed dated 5 Jr;ly 1961 in Dowd Dock 273 Page 274. 1'ha said Improved Land fronts the Southwestern Highway Boundary Linea of U. S Route 522, at Sunnyaide, and lies iP Gai.nerboro District. 1 Predilricv County, Virginian g!5w;1inning at the Intersection of the Southvestarn ]highway Boundary Line of U. 9. touts 522 with the Northwestern Boundary Line of Hickory i i 4 ))) Stmit, the} said point being N 5ti0 25. 27" x - 0.52 ft. from a concrete I 19 s highway s►onumnt, running with the two following Northweatern Boundary Linss - with the ArC Line 11.68 ft.(Choid S 130 02' 14" E - 10.68 ft.), thpnr_a t3 320 21' M - 116.03 ft. to an iron pin corner to Lot It thence vith thm Northeastern Line of the said Land N 570 39• W - 219.10 ft. 1' to an i:non pin corner.to the D. B. 290- P. 65 tY%.-.or Lott. thence vith *? the 14orthern Lino of the said Land N 700 26, M - 189.00 ft. to an '� axle coxner'(found) in the Eastern Line of the hylton LarxAt thanes with thrn said Lira N 190 32' E - 168.64 ft. to an iron pin in the y. Southrndtarn boundary Line of U. S. Route 5221 thence with the two . yz y fallCYViVQ BOW dar�nea S 560 15' 54" S - 128.37 ft. to a concrete highvsy monuarent�. nce s 350 251 27" E 304.88 ft. to U11% h*gianing. a},A11 OJ C►.A&Lning - - 55,836 Sq. Ft. � ,i `:�?• J11nw spawn on the Plat is the RJM Parcel on the It A iBERI • QfnrlrJrTc rb, Y SO llaatern Portion of the said D.F. 298-P. 65 Ungmr Lot. 7 � tA !►, .jl►lwo abevn on the Plat is the R/N Parcel on the _.. sw aotern Portion of Lot B-1. e 73uxve7,ed - - March 7, 1979 hLi r:moal tiAuq was produced to m• an the szrd with csriit,caltd,;ment thereto annexed was 11111t1Z la teoord as tmpoced oy Sec. 5d-d4.1 pl 7iAM;�2AQc_, and 5d54 haw been Paid, if aassasnbio• - .t . ri i . 3813 • Page 1 of 1 Camra Database l ID Number 53A A 5 (WrdNumber 0013890 Owners Name UNGER VERNON B & FRANCES Owners Name Continued Owners Address 5179 BARLEY DR Owners Address Continued STEPHENS CITY VA ZIP 22655 Acreage 0.49 Zoning B2 Total Improvments 157600 Total Land Value 106700 Total Property Value 264300 Physical House Number 1379 Physical Street Name N FREDERICK PIKE Deed Book Number Deed Book Page Number 0 Instrument Year 0 Instrument Number 0 Building Sq Ft 4800 Month Last Sold 0 Day Last Sold 0 Year Last Sold 0 Selling Price 0 is I Description .49 ACRE • http://gis.co.frederick.va.us/Freeance/Client/PublicAccessl/printFrame.html 8/6/2008 Page 1 of 1 Camra Database el ID Number d Number Owners Name Owners Name Continued Owners Address Owners Address Continued ZIP Acreage Zoning Total Improvments Total Land Value Total Property Value Physical House Number Physical Street Name Deed Book Number Deed Book Page Number Instrument Year Instrument Number Building Sq Ft Month Last Sold Day Last Sold Year Last Sold Selling Price I�11 Description 4 is 53A A 5 0013890 UNGER VERNON B & FRANCES 5179 BARLEY DR STEPHENS CITY VA 22655 0.49 B2 157600 106700 264300 1379 N FREDERICK PIKE 0 4800 0 0 0 0 .49 ACRE httiD://vis.co.frederick.va.us/Frceance/Client/PublicAccessl/printFrame.html 8/6/2008 4U Ob I U4b4 Z!, I b I 1: 9 . . . . . . . . . . . . 19k 01:11 01 F1.1n 04-14-2008 7 34138 VERNOIN B. UNGER, F-3- UX TO: DEED mimin, rNcoRi-,)RATED • V 0 373 THIS DUO made and dated this 3rd day of __"lv 1979, by and between VERNON B. UNGER and FRMCZS A. UNGER, his x wife, portion of the first party and MICHEL, INCORPORATED, party of the second part. t j. wzTNESfiZTHs That for and in consideration of the uuml of Tan ($lC,00) Dollars, and other good ond valuable consideration, receipt of which in hereby acknowledged, the said parties of the first pert do h eby grant and convoy, with general warranty of title, Canto the aid party of the second part, in fee &;"10, of those certain tracts or parcels of land, togathor with the improvnatents thereon and the app enancen thereunto belonging, lying ar,d being situate an the Southwest Highwa Bound Line of J y & U. 6, Route 522, at Sunnyxide, in Gaineaboro Xagist"L istrict, ?redarick County, Virginia, designated an Parcel A -I, cc dining 13#301 sig. ft., and Parcal B-1,, containing 21,179 sq. ft. an that certain plat and survey dated March 7, 1979, proper*4 by .:IAO A. 10o-ort, C.L.B., hereto attached and by this reference mad* a part of this Dead, and being a part of the sow property oonveyeil to the sold parties of the first part by DQed of Alfred Kipple, at dated April 1, 1954, of record in the Clerk's MOO of ircuit Court of rroderick County, Virginia, iA *d cook 231. . Page 153, " a part of the gam property colygygd this &aid ins of the Met part by Dead of-Veraon a. Ujjqar? dated %pal7 Se: 1961, of record in the aforesaid Clorkra Office Dead 202k 273 Page 274, to which deeds aced plat and the a. lersa7ae Gin, reference in here made for a moxe partiaWac to sarlatioa the said property. w. coney, is Dade subject to the duly recorded Y.:.'. eaforcreable re6txLotLon*v or—�Aonts and rights of way, if mir airfeating tit -Is to the said property. WFb.: io Omm 540 667 0464 STS 1 0:30 p.m, 04-14-2008 .I . - --- I 35 W .374 Ma said parties of the first part do hereby retain right of way *,ar-9mv the MOrtfivert oorner of parcel 5-1, nor* particularly described by the aforesaid plat with di"nuions of 53.97 feet taong the western boundary of the right of wjay, 55.10 feet along tht northern boundary of the right of way and 74.50 feet along the "C" n boundary of the right of way. ties of the first put do further grant an 041110116SAt Dv#kz the parcel of land designated as I" Parcel' an the aforexal.d plat extending from the Southwest corner of Parcel 41, 3-1 for i dl.st.Lace of 56.04 feet in a Southernly direction with an even width for a distance of 80.83 feet for the purpose of USI" it ass drain field and to continue until public "ver is available tA) the aforesaid property. '4' A Ilia said party of the second past join* in th* vxecutit)n a deed for the express purpose of agreeing to retantion of SMAIn"I', over the IfOrtInmet corner as harsinbefore described 41 9QC6Vt the Mamont for the drain field as described. • •& I, She said 'Wtids Of the first part covenant that they flag' hO Lsigtrt to Convey the Said property to,7tb4 said party of Ahm i6*003id Inxt; that the said party of the, **OWW part shall :quiet air4 1"48,004"m POGGension to saio property, free from &I wi-vuebrazoes, except to hereinabove statodi iu%d the 11 MAJA partLim ot the first part will WmCuts such furthez i. !.sonazaaces ul! title as may be requisite. WEIMM the following Signatures and seals tho data first above itritteal U. UNGER 111A) (AMM YRXNM A. L;jmuzxo I ;40 667 0464 STS I is2:12 p.m. 04-14-2008 36/3 no 375 1 KICHSL ' OR20RATED byl— Mlchsl R. %0 in resident r STATS UP' VIRGINIAt cousTrior FRZOERICK, to-wito 1, Patricia L, Jordan a Notary Publ.Lc of and for %40 (:aunty and State aforesaid, do hereby certify that Vernon, B. un�tsr and trances A. Unger, his wife, whose n4aAea aria signed to the 11.0regoiMg writing, bearing dote the 3r; day of JLI I ; 1979, have personally appeared before im and ackoclilodgeod same. Ky commission expires Nqy*MLqr, given under my hand this 3C4 day of Jyjy—• 0 1979 Itary FubliGe 8TAT11k VIRGINIA, CCOUM Or YREI)SFLICX# to-witl 1, Patricia L. Jordan a Wotaiy Public of and for uvt County and State aforesaid, do hereby certify that Michel R. Gawlin and Anne -*aria R. Gaudin, President and Socrartary, reel?ectivaily, oV K"l, Incorporated, whose names are signed to 'the foregoing writing, bearing data the j.. day of 1979, hava personally appeared before me and samis. --tAmomm 0" my commission expires November 21 1911 e scom Given under my hand this 3Xd dayof July - 3 - J: , In b40 667 0464 S fS 1 a _ 2:42 p.m. 04-14-2008 1 376 D. ?t i o e• 302 tai� N t93Z C - I ai � 21, 356 SQ.F7; w IL AHOK VpG�� STORE Q 7 N�. Nib a CS gi ap t+uttata�� u1 Ll 1 ' frylA P. U, O t "tort, ; a Z9e ar N $LOCK > • O ` . kn 44.00' -� 52 ' 'w 13�'..E131'�,.� 7 47 r ri 10 CA PAK %T r a I i� R 1'tK p 1 pA61G�� 4f. J �3� KKKT"yMSfff Zn 1 O oil,l T1D ' F— r -AMMENDIVEN'T TO: z 21,79 SOFT cc f„ o R Dta4RLINCa (UN SUBDV. s uol. rU.S..RT,S221L HICKORY ST. t� , INESBOR+C1 DISTRICT I N3�rE7 C113Ps'" F DERICK COUNTY ti o' V INIA e 1_ 6OT B F i' • LOT A of.�iY �o�J ci d r n A- I ti o tI BERi FE K t I� �8 SC�,FT. Q• fl r.v - + s13az1aE• 10 A., ;. M. :;� S32'21'w - 110.03'_. 1 — r 400 pin HICKORY STREET 50 FT. R / W 37 /38 540 667 0464 STS 1 13:12 p.m. 04-1 4-2008 311 /3 ' 510 3177 i ,y The Accompanying Plat - Amendntnt Tot J.P. Darlington Subdivision if &;Survey of the Romnining Portions of the Land conveyed to Vernon B. Uag@r, and Prances A. Unger by Dead dated 1 April 1954 in Deed Book { 231 t4ge 153 and by )oed dated 5 July 1961 in Dead Dook 213 Page 274. The mai:f Improved Land front@ the Southwestern Highway ,Boundary Linea of U. .S. Route 522, at Suruiyside, and lies it Gatneeborn District, Fredderim. County, Virginias Beginning at the Intersection of the Southwestern HiVhvay Boundary Line of U. S. Route 522 with the Northwestern Boundary Line of liickory 3 Street, Lhe}said point being 11 580 25' 27- w - 0.52 ft. from a Concrote 1C� • hig}nrirf "nurent, running with the two following Northwestern Boundary Lines frith the Are Line 11.88 ft.(Choid S 130 02' 14" E - 10.60 ft.)r thencei 320 211 W - 116.03 ft. to an iron pin comer to Lot lr thence with Uvu Northeastern Lino of the said Land N 570 39• W - 219.10 ft. to all .Eton pin corner,to the D. U. 290- P. 65 thf,•or Lot[ thence with t1w Northern Line of the said Land N 700 28, M - 189.00 ft. to an laxle covtsr'(found) in the 940tern Line of the Hylton LarAj thones with tltiu said Line N 190 321 E - 168.64 ft. to an iron pin in the a. 6outisWWO,tern Boundary Line o; U. S. Paoute 5221 thence with the two • •.,Ei� tollvuarKl Houndar�nea S 560 15. 54" H - 128.37 ft. W a concrete highwa;f wonuvanti new 3 500 24• 27" E - 304.89 ft. • ...., to t2r9 h�eQianing. LA 110 f•`, 0 ltaininq - .. 55,836 Sq. o A1s+o ahawn on the Plat is tiw RA Parcel on the LT A. EBERT u aprrrrrArc f" Y t�. • • Nortlieaw.tern Portion of the said D.r.. 298-r- 65 ttiger Lut. ►.l a aDown on the Plat is the R/k Parcel on tha NO astern Portion of Lot D-1. 1 Zuxva}�ed - - March 7, 1979 I TLbOrumont ritiai9 was produced to ms an the ad�7 4r __, 19 _ ata.�f�•r arrd, ,rrilh c�rtiEka�� a n�rrl:d�mant tharoro ennei«i was arl-Msd Eo rovord as Unposed oy Sec. Sd•-A.1 pl and S354 have been paid, U aase.sablo, 0 i 0 4 Camra Database ID Number 53A A 6 •eel ord Number 0013891 Owners Name UNGER VERNON B & F Owners Name Continued Owners Address 5179 BARLEY DR Owners Address Continued STEPHENS CITY VA ZIP 22655 Acreage 0.85 Zoning B2 "Total Improvments 95100 Total Land Value 44500 Total Property Value 139600 Physical House Number 1369 Physical Street Name N FREDERICK PIKE Deed Book Number 298 Deed Book Page Number 65 Instrument Year 0 Instrument Number 0 Building Sq Ft 1200 Month Last Sold 0 Day Last Sold 0 Year Last Sold 0 Selling Price 4000 gal Description .85 ACRE litttD://L)is.co.fredericl(.va.us/Frecancc/Client/PLiblicAccessI /printFrame.html 7/7/200< 0 • Page 1 of 1 Canira Database Parcel ID Number 53A A 6 R d Number 0013891 Ors Name UNGER VERNON B & FRANCES A Owners Name Continued Owners Address 5179 BARLEY DR Owners Address Continued STEPHENS CITY VA ZIP 22655 Acreage 0.85 Zoning B2 Total Improvments 95100 Total Land Value 44500 Total Property Value 139600 Physical House Number 1369 Physical Street Name N FREDERICK PIKE Deed Book Number 298 Deed Book Page Number 65 Instrument Year 0 Instrument Number 0 Building Sq Ft 1200 Month Last Sold 0 Day Last Sold 0 Year Last Sold 0 Selling Price 4000 Legal Description .85 ACRE r� U • littp://gis.co. frederick.va.us/Freeance/Client/PublicAccess 1 /printFranie.html 8/6/2008 540 667 0464 z SiS 1 01:06:57 p.m 04-14-2008 24 /38 r LJ • RO06 BERT G. BUCKLL'Y, ET AIS TO: DEED # # VERNON B. UNGER, ET UX # 1� I LAxUxWx. nxam�o,.I 4 LAKWCc AY1p T AT LAW BOOK 298 PAGE 65 741 THIS DEED made and dated this day of Marcie, 1964, by and between Robert G. Buckley and Dorothy C. Buckley, his wife, Wade C. Emmart and Margaret M. Fasmart, his wife, and Ralph E. Slaughter and Mildred L. Slaughter, his wife, parties of the first part; Vernon B. Unger and Frances A. Unger, his wife, parties of the second part, and J.Kenneth Robinson, Ray Robinson, Jr., and Flournoy L. Largent, Jr., Trustee, parties of the third part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant and convey, with general warranty of title, unto the said parties of the second parr, jointly, and as tenants by the entireties, in fee simple, with the common law right of survivorship, all of that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate about three -fourths of a mile West of the City of Winchester, a shore distance South of U.S.Highway No. 522, in Stonewall Magisterial District, Frederick County, Virginia, containing 37,800 square feet more or less, according to plat and survey of Richard U. Goode, Certified Surveyor, prepared March 5, 1964, hereto attached and made a part hereof as if fully incorporated herein, being a poxtion of the real estate conveyed to Robert G. Buckley, Wade C. Emmart and Ralph E. Slaughter, by Deed or J.Y,,enneth Robinson, et al, dated September 24, 1962, of record in -the Clerk's office of the Circuit Court of Frederick County, 54r 667 0464 STS 1 • 007:10 p.m 04-14-2008 25 /38 • • z.azxz. wxnxaao,r k �n X �TT'p1f.�.1ft L V�rra BOOK 0296 fAN fib' 4irgiriia, in Deed Book 282 page 432, to which Deed and the references therein, a reference is here made for a more partiru7.ar description of the property herein conveyed. The said parties of the third part join in tits execution of this Deed for the sole and express purpose of releasing the herein described property from the lien of that certain Deed of Trust dated September 26, 1962, of record in the aforesaid Clerk's office in Deed Book 282 page 434, to secure certain indebtedness payable to J.Kerm.eth Robinson and Ray Robinson, Jr. The said parties of the first part covenant that they have the right to convey said property; that the said property is free of any encumbrances; that the said parties of the second part shall enjoy quiet possession to said property, and 'tile said parties of the first part will execute such further assurances of title as may be requisite. Witness the following signatures and seals this date first above written: ..,...� (SEAL,) Robert G. Buckley (SEAT.) D C. Buckley % �. ,.. (SEAT,) Wade C. Emmart •2r (SEAL) (SEAT.) 4-?,667 0464 STS 1 • 01:07:39 p.m. 04-14-2008 26 /38 0Y • Lnaaaxr. Axnat�w j wonta�[sL vv.. f BOOK 2,46 PALE 67 >EAL) (SEA) (SEAL) STATE OF VIRGINIA, COUNTY OF FREDBRICK, 1, .1�iLrTyv fs'�j'f �, �✓ ,votary Public in and for the County and State aforesaid, hereby certify that Robert G.Buckley and Dorothy C. Buckley, his wife, Wade C. Emmert and Margaret M. Emmert, his wife, and Ralph E. Slaughter and Mildred L. Slaughter, his wife, whose names are signed to the foregoing writing, dated March 1?_ 1964, have personally appeared before me and aclmowledged the same Lu my County and State aforesaid. e My commission expires Given Linder my hand this day of March, 1964. otary Public = i;h a'• j STATE E OF V IRG INTA y COUNTY OF FREDERICK, ''�..;� Notary Public in and for the County and State aforesaid, do hereby certify that J. Kenneth Robinson, Ray Robinson, Jr., and Flournoy L. Largent, Jr., Trustee,whose f names are signed to the foregoing writing, dated March /7 , 1964, h&VC personally appeared before me and acknowledged the same in My Ccnmty and State aforesaid. My commission expires two Given under my hand this i day of March, 1964. 540 667 0�64 OC , 5TS 1 08:00 p.m 04-14-2008 27 /38 • • • �r- Cr� BOO* ZJ PAGE -- a cfjG F iry i`��T 4 Ive-9 30E 200.0 ROBERT G. BUCKLEY et el 0 VSRNON B. UNGER a 37,800 sq. ft. T r C 263.2 ft. to the old Right-of-way line of > U. S. Highway No- 522 The above lot, located about 3/4 of a mile West of Winchester, a short distance South of U. S. Highway No. 522, and situate in Stonewall Magisterial District, Frederick County, Virginia is bounded as follows: Beginning at (1) an iron peg at the Southwest corner of the land of Unger, said point being 263.2 feet Southwest of the old night-�f-way line of U. S. Highway No. 522; thence with Unger S 70 deg. 28 min. E 189.0 feet to (2) an iron peg; thence with the Darlington Subdivision S 19 deg. 32 min. W 200.0 feet to (3) an iron peg; thence with two new division lines through the land of itobert G- Buckley et el N 70 deg. 28 min. W 189.0 feet to (4) an iron Peg; thence N 19 deg 32 min. E 200.0 feet to the point of beginning, contain- ing 37,800 square feet more or less. p1d4 u, .or-� RICHARD V. GUODE CERTIFIED SURV'cYUR MARCH 5, 19tj4 'ARGWA.MMMICX COUNrf, SM. at�_ . MW wilb4872dua�d on t �`—dQ1 ar ��•/! p / �Il y�..�o o"d °d'+dr �� ViewDetail 0 10 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 0 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: F 386370001 FRQ:F Sup#: F— Name: UNGER VERNON B & FRANCES A Account#: 13891 Name 2: Map#: 53A A 6 Address: 5179 BARLEY DR _...._ ._ Description: STEPHENS CITY VA 22655 Bill Date: 06/04/2008 Due Date: 06/05/2008 ... . Land: F$44 500 Original Bill: $366.45 Penalty Paid:F� Amount Owed:F Total Owed: F- 85 ACRE Improve: F $95 10000 Use: Payments: F $366.45- Acres:� 0.85 Int Paid: F- , Other: F-, Last Date: 05/21/2008 Penalty: F Interest: Note that il' paynicnt has been received within the last 10 business days, any returned items may not be poster] at this time Please check the website again. 0- Or Date Transaction Aniolint Balance 6/5/2008 Charge 0 $366.45 $366.45 5/21/2008 Payment 51754 ($366.45) $0.00 _ 1 Ilse the print key for your browser to print a copy of taxes paid for this year. New Search Previous httiDs://www.co.frederick.va.us/applications/REPublicInquiryNiewDetail.aspx 7/7/2008 ViewDetail • 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail • 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 386350001 FRQ: 1F Sup#: F Name: I UNGER VERNON B &PRANCES Account#: 13890 Name 2: Map#: 153A A 5 Address: 5179 BARLEY DR Description: 49 ACRE STEPHENS CITY VA 22655 Bill Date: 20080605 Due Date: 06/05/2008 Land: $106,700 Original Bill:[ — Penalty Paid: Amount Owed: Total Owed: Improve: $157,600 J Use: Payments: $693 79 Acres: 0.49_ Int Paid: Other: ? Last Date: 05/21/2008. Penalty: Interest: Note that il•payment has been received within the last 10 business days, any returned items tray not be posted at this time. Please check the Nvebsite a_,ain. Date TYpe Transaction # Amount Balance 6/5/2008 Charge 0 $693.79 $693.79 5/21/2008 Payment 51754 ($693.79) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search • Previous htti)s://taxes.co.frederick.va.us/Applications/REPubliclnquiry/ViewDetail.aspx 8/6/2008 AMENDMENT Action: PLANNING COMMISSION: September 17, 2008 - Recommended Denial BOARD OF SUPERVISORS: October 8, 2008 ID APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07-08 OF UNGER PROPERTY WHEREAS, Rezoning 907-08 of Unger Property, submitted by Painter -Lewis, PLC, to rezone .49 acres from B2 (General Business) District to B2 with proffers, and .85 acres from RP (Residential Performance) District to B2 (Business General) District with proffers dated August 6, 2008 and final revision dated September 29, 2008, for Commercial Use, (13,225 sf Pharmacy), was considered. The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 53A-A-5 and 53A-A-6. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 17, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 8, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change .49 acres from B2 (General Business) District to B2 with proffers, and .85 acres from RP (Residential Performance) District to B2 (Business General) District, for commercial use, subjectto the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 1131-08 This ordinance shall be in effect on the date of adoption. Passed this 8th day of October, 2008 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST John,R. iley, r. Frederick County Administrator 13DRes #31-08 10 0 i UNGER PROPERTY TM #53A-A-6 Route 522-North Frederick Pike Proffer Statement Rezoning #: Property: PARCEL ID: 53A-A-5: 0.49 acres PARCEL ID: 53A-A-6: 0.85 acres Recorded Owner: Frances A. Unger Applicant: Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Project Name: Unger Property Tm # 53A-A-6, 53A-A-5 Original Date of Proffers: July 15, 2008 Revision Date(s): August 6, 2008 September 3, 2008 September 29, 2008 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0803001 PROFFER STATEMENO PARCEL ID: 53A-A-6, 53A-A-5 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application #c7•©V for the rezoning of parcels TM# 53A- A-6 from RP to B2 and 53A-A-5 from B2 to B2 with proffers, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such subsequent amendments or revisions to such conditions are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The use and development of the subject property shall be in conformity with the Generalized Development Plan, identified as "GDP" and dated 09/29/08 and which is attached to the proffer statement. The GDP is for the purpose of identifying the general configuration of the proposed commercial development, the use of the site, the location of interparcel access easements, and construction improvements to Route 522 and Route 1318. 2.) Improvements to Route 522 and Route 1318 The applicant will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 522 and Route 1318 in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. All improvements listed below and approved by VDOT will be constructed prior to issuance of a certificate of occupancy for the proposed pharmacy. The improvements will include: a) The design and construction of a right turn lane eastbound into the site with an extension along the frontage of the parcel identified by PIN 53A-2-D-C (Continental Restaurant); b) The design and construction of a right in/right out entrance from Route 522 to serve the subject parcel and the parcel identified by PIN 53A-2-D-C via a permanent access easement; c) The design and construction of a right turn lane northbound on Route 1318 at its intersection with Route 522; d) The design and construction of a right out exit from the parcel identified by PIN 53A-2-D-C; e) The design and construction of the closure of the median break at Hickory Lane; f) The design and construction of a left turn lane at the second crossover to the south on Route 522. g) The design and construction of a 10' wide, asphalt bicycle/pedestrian path along the Route 522 frontage and sidewalk along the Route 1318 frontage as generally depicted on the GDP. page 2 PROFFER STATEMENO PARCEL ID: 53A-A-6, 53A-A-5 Ll 3.) Parcel Usage The applicant agrees to limit the use of the parcel to that of a pharmacy containing approximately 13,225 square feet and associated improvements that will be constructed as generally shown on the GDP. 4.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Round Hill Community Volunteer Fire and Rescue Company the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site. 5.) Inter -parcel Circulation and Access The applicant agrees to provide an interparcel access easement for the benefit of the parcel identified by PIN 53A-2-D-C located to the east of the site. The general location of the easement is shown on the GDP. The easement will be created with the first site plan for the development of the site. 6.) Drainage Improvements for Westbury Commons The applicant agrees to design and install drainage structures which will collect the storm water discharge from the storm water management facility on the Westbury Commons site and convey the discharge to the Route 522 drainage system. These drainage structures will be installed only under the conditions that 1) the property owners of Westbury Commons grant reasonable access to the property and 2) said access is granted prior to the commencement of construction of the proposed pharmacy. The applicant agrees to create a 10' drainage easement for the benefit of Westbury Commons running through the site to allow for the conveyance of storm water runoff from Westbury Commons to the Route 522 drainage system. The easement will be created with the first site plan for the development of the site in the event of the conditions listed above. The approximate location of the proposed 10' drainage easement on the site and the approximate configuration of a temporary construction easement on the property of Westbury Commons is shown on the GDP. 7.) Building Design The building to be erected on the site shall be constructed using cast stone or brick or other masonry material with stucco accents. Screen walls for the trash receptacle and compactor shall be constructed using a cast stone or brick to match the building. page 3 +PROFFER STATEMENO PARCEL ID: 53A-A-6, 53A-A-5 9 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: Frances A. Unger City/County of Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this day of `L0 200 Not Public NtII)C11tSt(fr Notary Registration number: My commission expires: i 9 3'1- ] 9 to 1-3) lei page 4 daJ 133HS 80/6Z/60 .0'09= L :31Va=31VOS I I/ 100F080 W3S � t ' :'ON 80f :A8 NM�l4 1 11777 VN 3-d - - m n z— — —_.—. Z `" I ma's m �J ❑ I� �I rJ n rn � �om l It o 0 ' • � n IID mo an N N i __ i 1 t I IrI 31i' N l8f1S010 NVI03W� - ' --., l®� PZ N■ ` _ _ _ ��'� _ - IA 1N3W3SV3 SS300V o c, 1 m rn m (n - 33NVN"3 Inn 1H91a/NI 1H IJ dam_ - -- D 83AOSSOHO 1X3N 1V 0 3NVl Ndni 1331� � v D -- ._ - 3NVl N21fll 1H9R1 H-LVd 03d/31OA318 -v cn nd Z D 3�� H 1apN D Cn Z UNGER PROPERTY TM ##53A-A-6 Route 522-North Frederick Pike Proffer Statement Rezoning #: Property: PARCEL ID: 53A-A-5: 0.49 acres PARCEL ID: 53A-A-6: 0.85 acres Recorded Owner: Frances A. Unger Applicant: Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Project Name: Unger Property Tm # 53A-A-6, 53A-A-5 Original Date of Proffers: July 15, 2008 Revision Date(s): August 6, 2008 September 3, 2008 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painteriewis.com Job Number: 0803001 PROFFER STATEMIM PARCEL ID: 53A-A-6, 53A-A-5 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the • undersigned applicant proffers that in the event that the Board of Supervisors of Frederick g Pp P p County shall approve Rezoning Application # for the rezoning of parcels TM# 53A- A-6 from RP to B2 and 53A-A-5 from B2 to B2 with proffers, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such subsequent amendments or revisions to such conditions are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The use and development of the subject property shall be in conformity with the Generalized Development Plan, identified as "GDP" and dated 09/03/08 and which is attached to the proffer statement. The GDP is for the purpose of identifying the general configuration of the proposed commercial development, the use of the site, the location of interparcel access easements, and construction improvements to Route 522 and Route 1318. 2.) Improvements to Route 522 and Route 1318 �• The applicant will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 522 and Route 1318 in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. All improvements listed below and approved by VDOT will be constructed prior to issuance of a certificate of occupancy for the proposed pharmacy. The improvements will include: a) The design and construction of a right turn lane eastbound into the site with an extension along the frontage of the parcel identified by PIN 53A-2-C (Continental Restaurant); b) The design and construction of a right in/right out entrance from Route 522 to serve the subject parcel and the parcel identified by PIN 53A-2-C via a permanent access easement; c) The design and construction of a right turn lane northbound on Route 1318 at its intersection with Route 522; d) The design and construction of a right out exit from the parcel identified by PIN 53A-2-C; e) The design and construction of the closure of the median break at Hickory Lane; f) The design and construction of a left turn lane at the second crossover to the south on Route 522. g) The design and construction of a 10' wide, asphalt bicycle/pedestrian path along �• the Route 522 frontage and sidewalk along the Route 1318 frontage as generally depicted on the GDP. page 2 PROFFER STATEMW PARCEL ID: 53A-A-6, 53A-A-5 • 3.) Parcel Usage The applicant agrees to limit the use of the parcel to that of a pharmacy containing approximately 13,225 square feet and associated improvements that will be constructed as generally shown on the GDP. 4.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Round Hill Community Volunteer Fire and Rescue Company the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site. 5.) Inter -parcel Circulation and Access The applicant agrees to provide an interparcel access easement for the benefit of the parcel identified by PIN 53A-2-C located to the east of the site. The general location of the easement is shown on the GDP. The easement will be created with the first site plan for the development of the site. 6.) Drainage Improvements for Westbury Commons The applicant agrees to design and install drainage structures which will collect the storm water discharge from the storm water management facility on the Westbury Commons site (� and convey the discharge to the Route 522 drainage system. These drainage structures will be installed only under the conditions that 1) the property owners of Westbury Commons grant reasonable access to the property and 2) said access is granted prior to the commencement of construction of the proposed pharmacy. The applicant agrees to create a 10' drainage easement for the benefit of Westbury Commons running through the site to allow for the conveyance of storm water runoff from Westbury Commons to the Route 522 drainage system. The easement will be created with the first site plan for the development of the site in the event of the conditions listed above. The approximate location of the proposed 10' drainage easement on the site and the approximate configuration of a temporary construction easement on the property of Westbury Commons is shown on the GDP. (• page 3 0 PROFFER STATEM& PARCEL ID: 53A-A-6, 53A-A-5 40 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: Frances A. Unger City/County of W i rAch eSi t r , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this day of aWJ-Ce , 200 N t ry Public (• G , Notary Registration number: My commission expires: 10 - 31 - 1 1 (• page 4 Page 1 of 2 • John .Lewis From: Candice Perkins [cperkins@co.frederick.va.us] Sent: Tuesday, September 02, 2008 9:43 AM To: 'John Lewis' Cc: JohnSchroth@mris.com Subject: FW: Unger rezoning John, We received additional comments from the County Attorney regarding the rezoning package. Regarding part of his comment I have informed him that Vernon is deceased, but he has requested further information. Please let me know if you have any questions. Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkins@co_frederick.va. us www.co.frederick.va.us From: Rod Williams[mailto:rwillia@co.frederick.va.us] Sent: Tuesday, September 02, 2008 8:07 AM To: 'Candice Perkins' Subject: Unger rezoning Candice, I have reviewed the materials for the Unger rezoning and have one major concern that I believe has to be addressed before any rezoning may be approved. The applicant represents that Vernon and Frances Unger own the parcels. While this is consistent with the real estate tax records, it appears that the origin of the titles dates back to the early 1980's for one of the parcels and much earlier than that for the other parcel. Therefore, first, we have not seen the deeds to confirm that the titling listed today in fact comports with what would be in the determinative decades -old documents. Second, only Frances Unger has signed the application and the power of attorney. We absolutely need to see something for Vernon Unger. If he is deceased and Frances Unger is his sole heir as to these parcels (we would at least need to see the deeds to make any initial determination as to that), then Frances Unger needs to file the appropriate paperwork with the Circuit Court Clerk. Beyond that, in my opinion, the rezoning would not properly be before the Commission or the Board unless all record owners have signed the application. Along related lines, if the parcels in fact still have co -owners, then the references to "owner" throughout the proffer statement need to be plural. Also, I have a small number of less critical issues, as follows: it seems that the GDP should specifically indicate which parcels are the identified parcel numbers; in proffer item 3, it seems that the language there could still be improved, particularly that the construction will be "as generally shown"; finally, re the waiver of the 165-29 spacing requirements, we need to confirm that there is actually authority to allow for such a waiver. 9/3/2008 0 • Page 2 of 2 L • A Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@co.frederickma.us No virus found in this incoming message. Checked by AVG - http://www.avg.com Version: 8.0.169 / Virus Database: 270.6.14/1646 - Release Date: 9/2/2008 6:02 AM 9/3/2008 0 0 Page 1 of 1 • John Lewis From: Candice Perkins [cperkins@co.frederick.va.us] Sent: Tuesday, September 02, 2008 2:09 PM To: 'John Lewis'; 'Jill Fries' Cc: JohnSchroth@mris.com Subject: Unger Rezoning John, The County Attorney was looking over the material and came upon another issue concerning the front lot. From Rod Williams: I also found a deed (510-373) that purports to have transferred the front lot (53A-A-5) in 1979 to Michel, Incorporated. I did not find anything that seemed to have transferred it directly back from Michel, Incorporated to either of the Ungers, but I suppose that there could have been something at some point involving someone who owned it for an intervening period. We need a copy of the deed that transferred the property from Michael Inc back to the Ungers. Rod also stated that we will need a copy of Mr. Unger's death certificate. Let me know if you have any questions. •Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkins@co.frederick.v_a us www.co.frederick.va.us 0- No virus found in this incoming message. Checked by AVG - http://www.avg.com Version: 8.0.169 / Virus Database: 270.6.14/1646 - Release Date: 9/2/2008 6:02 AM 9/2/2008 (3 7 7 COUe of FRED''EI' ICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 July 31, 2008 Mr. John Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Proposed Rezoning of the Unger Property Dear John: I have had the opportunity to review the draft rezoning application for the Unger Property. This application seeks to rezone .85 acres from the RP (Residential Performance) to the B2 (Business General) District. Staff s review continents are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the area where this site is located with a commercial designation. The proposed B2 Zoning is a business use and is generally consistent with the Eastern Frederick County Long Range Land Use Plan as it relates to this area. 2. Rezoning Application. The rezoning application provided is incomplete; section five of the application needs to be completed. 3. Additional Property. Parcel 53A-A-5, which is owned by the Ungers and is part of the proposed CVS development, should also be included with this rezoning. 4. Bike Path. Route 522 is identified on the Frederick County Bicycle Plan as a short term destination. A bicycle/pedestrian path should be provided along the frontage of the site. 5. Deed and Plat of the Property. The deed provided with the application references a site that is over one acre in size, but the rezoning is for a .85 acre property; indicate if this is the correct deed. A recorded plat of the property also needs to be included with the application. 6. Proffer 5. Proffer 5 references the name of the adjacent property (the Continental Restaurant); the proffer should be revised to reference the PIN of the adjacent property. 7. Transportation Proffers. As indicated by VDOT, the proffer- should also guarantee the closure of the crossover in the Route 522 median and the construction of the left turn lane at the second crossover. 8. Transportation Improvements. Proffer 2 should be revised to state that the transportation improvements must be completed prior to the issuance of any certificate of occupancy. Proffer 2a does not reference the sidewalk that is shown on the GDP. Proffer 2 should be revised to include the completion of the sidewalks/bicycle paths shown on the GDP. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Page 2 Mr. Jolui Lewis RE: Proposed Rezoning of The Unger Property July 31, 2008 9. Exhibit 2 and GDP. There is a property shown between the Continental and the CVS site that is shown on exhibit 2 and the GDP; reference the ownership of this parcel. 10. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, the local Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 11. Special Limited Powei• of Attorney. Provide a power of attorney for the property owners. 12. Fees. The fee for this application includes a $5,000.00 base fee plus $200.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. Fees may change. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP Senior Planner Attachments cc: Vern and Frances Unger, 5179 Barley Drive, Stephens City, VA 22655 CEP/bad Unger Property Impact Analysis Statement - VDOT Comments to Rezonin Route 522 North, Frederic Page I of I s Jill Fries __.._...._..._.__....... __..... ._...____._._...._.__._.___.__.__.._..____ _ ..._� ____._.__.___._____.__......__..___...__.._..._._.__..._..._.......... _.......... _._.__..___..__......._._._....... _.___..._....._.__.__._.._._.___.... Dom: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] Seat: Thursday, July 24, 2008 2:38 PM To: Jill Fries; office@painterlewis.com; jclewis@painterlewis.com Cc: John Bishop; elawrenc@co.frederick.va.us; Hoffman, Gregory; Smith, Matthew, P.E. Subject: Unger Property Impact Analysis Statement - VDOT Comments to Rezoning - Route 522 North, Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Routes 522 North and 1318 These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT. is -not satisfied that the transportation proffers offered in the Unger Property Rezoning Application dated July 15, 2008 address transportation concerns associated with this request. We offer the following comment: o We feel the proffer statement should include closing the first crossover to the south and provide a left turn lane at the second crossover to the south to accommodate U-Turns. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic alization, and off -site roadway improvements and drainage. Any work performed on the State's right - ay must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. <<S C N_20080724114230_001. pdf>> C: -Csjorl/ T. 1-1( fnzan, Supervisor Vir•vinia Devartnicnt of Trans"aortation Edinbrn-; Residency — Land Develop?nent 2275 North?vestern Pike Winchester, VA 22603 Phone #(540) 535-1824 Fox #(540) 535--1846 • 7/21I/2005 EJ E 0 l)�jZi l'13��Uf VirginiaDepalt hvent of �'l ansporta1t'lola �� c i',<�•. � � � ?LVia;` Mail in- Vinginia Department orTransportatioli Attn: Resident Engineer 1-1031 Old Valley Pike 1'dlnbUl'g, Virgllnia 22824 (540) 984.5600 thud ddhor to: Virginia Depal•tmeni of Transportit[on Attn: Resident Engineer 2275 Northwestern Pike Whche ter. Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to Assist the. Vil-onin Depnomcnt of 1 ranspoi' adon \-ddi their red' ew. Attalch tlrrec CfgW of our :application form, location map, proffer statement, impa d analyMq and any ether pertinent information. j \pplicanl's Name; Pav�t ,� .) S: t,� Telephouc: y l - 7 Mailing E\ddress`tc't�il'Y �1�1(S fy�L �l-\__)lZ�_C'.L'S Location ofproperty: t",O T-c, `7 � -\ 1�1'_1i.li'�' U1r��;i�?tl__1) ��v. CunvA roMng: Rp Loniy requested: �� -- ,`,crcige: -r-- - \ ir,ginia Depairtnrent of"Fransportation C;on?rrrents: See attached email from VDOT to Painter=LetiT�.s. VDOT Si,))muture S-, Dale: s— _ _ _ Gr_e� [Toff —Land D-t, . opmen CjSupervisor 07/24/08 1 °t Iotihjf?rY��lA) PwRT:.tT�t�� rlPf��I rritiiiP�l>T�flf��l�Fler 18 From:ADMIN 0 *3/2008 09:33 #246 P.001/001 Control number Date received I )ate eviewec Date Revi•.:.1 RZ 08 -0010 7/18/2008 7l2 3/2008 Project Name Applicn A Unger Property Paintei LeMiRl-C Address City 3t;ite Zip Applican Pnone 817 Cedar Creek Grade, Suite 120 Winchester �/A 12601 540-66i 5732 Type Application Tax ID Number Fire Distri :t Rescue District Rezoning 53A-A-6 15 15 Current Zoning Election District RP 0 d Automatic Sprinkler System No Other recommendation • Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes 0 ecoA I Ienen a soil.y Automatic Fire Alarm System No Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Reviewed By Signatu{e J. Neal Title Stonewall Residential Sprinkler System No Fire, Lane Required No Special Hazards No 0 • • • Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. o.l'Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street, Suite 200 winchestcr, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public NVorks with their review. Attach a copy of your- application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: /—( _t�lS L.C• Tetephon� (5—qo (E of S?�3, Nlailing Address. Pc� e, ( PLC — f��V ��11 LeI, LS Location of property: &,ui e c, , ' st e n O W+(--n J(L�a )�-,J] �UI� h Current %olllllg: �`� Z011lllg 1Gquested: &2 Acreage: ! Department of Public 'Works Cori melits: l e S-C: �J� --�j—, 1% t I 1 U Gt T A s ,A-e -V� su W•�.�,)f 1�4�VAOOs-(--A (G ern c _ Public /ora)(mature d Date-.- Notice to Dept. of Public ��(orks `I lease Iaeturn This Form to the Applicant 0 19 • • 0 Rezolfln2 Comments Frederick County Sanitation Authority Mail to: l rederick County Sanitation Authority Attn: Engineer 1'.0. Box 1877 Winchester. Virginia 2260-1 ("540) 868-1061 Hand deliver to: Frederick County Sanitation Alltl101'it}! Alm: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please till out the information as accurately as possible in order to assist the. Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent informatioIi. ,Applicant's Name: �L�� UI Telephone S�, W- 3--S-7q-a Mailing Address/6 _I �.L>� - L'i' s _t G -- e l�s .fix (Z� location of property: < loe Ltprr W 3+f1'11,rbsk'r - l cin) rI2Ury <) �� onng requestdA e: creage: <�� L Lll'1'ellt ZOnlll�: Zi Sanitation Authors y' Comments: Sanitation Authority Signature 8 Notice to SanitationC-��Iority - Please Return This Form to the Applicant 0 23 • 0 • • • Rezoning Comments Frederick-Whichester Service Authority Mail to: Fred -Wilk Service Authority Alm: Jesse W. tMoffett, Executive Director P,O. Box 43 \Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: rrecl--�Winc Service .'Authority Attn:.Jesse W. Moffat 107 North Keni Street 'Winchester, Virginia Applicant: Please till out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your applicatioii form, locatio► map, proffer statement, impact analysis, and any other• pertinent information. Applicant's Name: P �-_� 2� , ��C� Telephone. -, ,� - S'7 Mailing Address: % !✓(1L1�/r' h�Il`s P/C ` Sl 7 L&2Z Cl/&�,� Cy ac--le. o J.ocation ofproperty: RaY 522 bchfi login W—lulj O )�6'�/c � Gl l Y�� I Current zoning: Zoning requested: Acreage: c S•5 7 t r•{1_ tfi�ihr��fo�r�i A iiflirw;flr�s CojjltYlPjltS: Fred -Wine Service AL111101-ity's SItncltlll"e <.r' bale: Notice to Fred-Mlfiic Service Authority - Please Return l'orill to Aptlicallt 31 • • 0 Frederick -Winchester HeaIth Department mr Mail to• Frederick -Winchester Health Department Attn: Sanitation Engineer 107 NTorth Kent Street �,Vinchester, Virainia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Atin: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please rill out the information as accurately as possible in order to assist the Fredcrick-Winchester I Iealth Department with their review. Attach a copy of ),onr application form, location snap, proffer statement, impact analysis, and ant' other pertinent information. Applicant's Name: rCkL'ii'1��1 , Q!`.( 1`elephonc - �-- Mailing Address:C/O F0,nite-r- 1LIAS PLC Location of property: RGt t� `j�� Ci Ld e C1'� �L)4.s% 11'1.1,(7S e.tl LkF bluiti9 Current l01111.10: J&L Zoning requested: 8"� k Acreage: s I'I'L'Ct I li-1'V'In�'hetile ilealCll'Dey arinlcriCs C.olnlnunls: t'-Ik�.if'l'1 �<nr.•h,,�a.f 41�,ti .2n,,��Jec�F�'<.�r�5 frtl�it,• �ti�4-�:,70 Pr•(iliP�,�f. l-iealth Dept. Signature !� Da(e: Notice to Health Department - Please Return This Form to the Applicant 26 Aug, 1, 2008 11:03A0 Fred CO Parks and Rec • No, 48A P. 2 • �:. Rezoning Comm:eats Frederic1c County Department of Par, & R e-creation Mail to: Frederick County Department of Parks & Reereatioi7 107 North Ketli Street Whichester, Virginia 22601 (540) 665-5678 �r J Fr-:dcrick CU1117tV DI:p3rtment of Parks & Recreario Ci:urity Adii-iirtistrafion Bldg,, 21-id Floor 1 C 7 N01th X trit Street Winchester, WI.-inin Applicatit: please Lill out the hiformation ais accilrawl" as poss),f;lc inOrder .to assist d.:�W Departtlletlt of Parks &, Recmatioja with t(leir )evietxl, AUICII � copy of YOW. applica1 (Jn for•tat, location reap, pl'offer gtatement, impact anal}.Bis,, atzd ot)y otbet• pertinent Applicant's Name, f( R4'-l..Qr"_ pt.. Telephone�C�`�L7] Mailing Address: �° Prom s AhAdi(i . is • Locatim bf property: L&kao__�_LLa�u 17 • Currentonirl<7; V Gonin F re uestect cl _ — — — Uelyartrneirt of i'tlr x:; cR icecrea>r,)r2 l (3r1rI77 nE�: CON Ha T Pks. & Rec. Signature & Date: Notice to Department of Pm-ks & Recrcttt(orz - I'le:.sc )Zottr.r)r `.X'his Form to the �. )plicant 21 0 ! • • Superintendent of Frederick County Public Schools w Mail to: Frederick County Public Schools Atm: Superintenclent P.U. Boa 3508 Winchester, Virginia 22604 (540) 662-3888 Hand deliver to: Frederick County Public Schools Atin: Superint('.ndmit School Administration Building 1415 Amherst Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Superintendent of Public Schools Nvith his review. attach a copy of Four application for121, location mal), proffer statement, impact analysis, and any other pertinent information. Applicant's Name: QU'Lthfv- -V1, 5, jL Telephone: �i� �U� �711 Mailing Address� 1()1�5;� � (z - ��—�d)yij) kk��t�r'(ie.Utr'f (-"-6 lr,_ 1r2---2a �c e Location of property: +�G ' SJ 2 be- "Wee n W Current Zoning: _ 12-P_- Zoning requested: _ �Z Acreage: Supe1•intcndcnt of Pubhe Schools' Comments: --� -- -- --- --- -------- ---- -- -- ...-- - ...------------ ---- Superintendent's Signature & Date: ( L---;Z {�Gr+ + CGal, (Ul' Notice to ,School Superintendent - Please Return This Form to [lie Applicant 0 22 r • 11 • RezoIlina Con-iments _ Mail to: Winelies ter Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport. Attn: Executive. Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the ilaFormation as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your lapplication form, location neap, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: yjt�r-UU.l„(`5 BC— Telephone: Sy-b- (OL-0-S7L��: Mailing Addres8c) P IIn , % � &,5 %ALL ' r-k,1)hr) t ea)A,07 - Location of,property: lRi o,,�-- Lhue-e.f1 Ll, nffi' cn.s { Cl Ind 11 Gz(,�Y� L ae - Current zoning: f�-P Zoning requested:, Acreage: V�'inchester l:cgionai Airport's U:o1:11nellts: Winchcster P-cgional Airport's Signature�C Date: _t Y ................. -..-. ....._c._i_�.._�._�................... ..._.... ........_...... Notice to Winchester Regional Airport - Please Return Form to Applicant 28 • • SERVING THE TOP OF VIRGINIA July 21, 2008 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 John Lewis Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Re: Rezoning Comment — RP to B2 Unger Parcel — North Frederick Pike Stonewall Magisterial District Dear Mr. Lewis: We have reviewed the proposed Rezoning application and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Thank you for your continued cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director • E MEMORANDUM TO: Candice E. Perkins, AICP Senior Planner FROM: Roderick B. Williams ov County Attorney DATE: August 6, 2008 RE: Unger Property — Proffer Statement Review COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: Introductory paragraph — Concerning subsequent amendments or revisions to the proffers, to read more clearly, "and such are approved by the Board of Supervisors" should read "and such subsequent amendments or revisions to such conditions are approved by the Board of Supervisors". Also, the reference to "TM#s 53A-A-6" should not include the plural "s" and, in the last sentence of the paragraph, "owner" should be plural. Proffer 1 — The proffer should state that the use and development of the subject property shall be in conformity with the Generalized Development Plan (GDP) dated 07/08/08, identified as "GDP", and which is attached to the proffer statement, and should then indicate the matters that the GDP reflects. Proffer 2b — To avoid any later ambiguities, the references to the parcels served by the entrance should be generic, that is, to the subject parcel and to TM# 53A-2-C (or, if greater specificity was intended or desired concerning the neighboring property in particular, the proffer could state "... to the subject parcel and to the commercial establishment [or, for more specificity, "the restaurant"] on TM# 53A-2-C ...") 107 North Kent Street • Winchester, Virginia 22601 0 Candice E. Perkins, AICP August 6, 2008 Page 2 Proffer 3 — For consistency with the terminology of the Zoning Ordinance, the applicant may wish to change "pharmacy" to "drugstore". For clarity, the reference to square footage and improvements would read better as "containing a floor area of approximately 13,225 square feet and associated improvements ... ". The last part of the proffer should state that the structure/improvements will be constructed in conformity with the GDP. Proffer 5 — The GDP does not show the referenced easements. Closing paragraph — The reference to "owner" should be plural. The final version of the rezoning application form will need to indicate the capacity in which the signatory for the applicant is acting (e.g., title) and, as well, the form and the proffers will need to be signed by both owners. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. ti 6 AMENDMENT • C"Y 5 5r _�)cU � 0 n \- 1A lvcf &DOS, 0'n I Z1�3 � Oil Action: PLANNING COMMISSION: September 17, 2008 - Recommended Denial BOARD OF SUPERVISORS: October 8, 2008 0 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 907-08 OF UNGER PROPERTY WHEREAS, Rezoning #07-08 of Unger Property, submitted by Painter -Lewis, PLC, to rezone .49 acres from B2 (General Business) District to B2 with proffers, and .85 acres from RP (Residential Performance) District to B2 (Business General) District with proffers dated August 6, 2008 and final revision dated September 29, 2008, for Commercial Use, (13,225 sf Pharmacy), was considered. The properties are located on North Frederick Pike (Route 522) between" Jestminster Canterbury Drive and Hickory Lane, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 53A-A-5 and 53A-A-6. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 17, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 8, 2008; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change .49 acres from B2 (General Business) District to B2 with proffers, and .85 acres from RP (Residential Performance) District to B2 (Business General) District, for commercial use, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #31-08 0 ATE INVOICE NO. DESCRIPTION 12-22-09 0801058-2 0801058 67y5 O``S7S0 F%/_ �aa KB PORATION FAIR VA 22032-2236 INVOICE AMOUNT DEDUCTION 1000.00 1 .00 41104 BALANCE 1000.00 L DATE CHECK 12-22-09 INUMBEfj% CHECK 41104 I TOTALS, 1000.00 I .00 I 1000.00 PLEASE DETACH THIS PORTION AND RETAIN FOR YOUR RECORDS. f/,/ KBR 9 0 0 0 �VUM 10503-B Braddock Road • Farrfar, VA 22032-2236 • (703) 323-1424 ALLIANCE BANK 68-888 4110 4 FAIRFAX, VIRGINIA 22M 560 Pay: ***************************************One thousand dollars and no cents DATE CHECK NO. AMOUNT December 22, 2009 41104 $******1,000.00 PAY FREDERICK COUNTY TO THE ORDER OF �f 11■04 1 10411' 1:0 5600888 11: 110000006811■ 0 00 N O m �. (D Cl N r Q & o S O O N :3O > �n o U y a rn �. ww �3�, DATE I RECEIVED FROM ADDRESS 1 O L_' AMT. PAID CHECK BALANCE MONEY DUE ORDER ACCOUNT HOW PAID No. 1299 BY W • PAINTER-LEWIS, P.L.C. CONSUL TING ENGINEERS 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 May 28, 2008 tel.: (540)662-5792 MAY 2 8 2M fax: (540)662-5793 email: office@painterlewis.com Mr. Eric Lawrence Frederick County Department of Planning and Development 106 N. Kent Street Winchester, VA 22601 RE: Driveway Spacing Waiver Request P.I.N. Nos. 54-4-2-D, 53-4-3-D1, 53A-A-5, 53A-A-6 Stonewall Magisterial District Dear Eric: On behalf of the contract purchaser of the four lots listed above, I am requesting a waiver from Section 165-29. A. (4) of the Frederick County Zoning Ordinance pertaining to "Minimum Driveway Spacing". This section requires a minimum distance between new driveways of 200 feet. Please refer to the following three items: 1) Aerial overview of the site; 2) Proposed Driveway Spacing Waiver Request Exhibit ("the layout exhibit"); 3) Draft of letter to Frederick County for use by Robert Hassinger. These four lots currently contain the Bubbleworks Car Wash, the Oates Grocery, and the Unger residence. The Site Aerial shows the three existing entrances along Route 522. The layout exhibit shows that entrance 1 provides access to the grocery and residence and the other two entrances, 2 and 3, provide access to the Continental Restaurant. Please note that there is an existing ingress/egress easement on the restaurant site to the benefit of the grocery site. This easement is shown on the layout exhibit. There is no ingress/egress easement agreement between the restaurant property and P.I.N. No. 53A-2-D-1. Access to this parcel is from Hickory Lane. The layout exhibit shows that the distance from Westminster Canterbury Drive to Hickory Lane is 535 feet along Route 522. The application of Section 165 would limit the number of driveways accessing Route 522 to one entrance located approximately 200 feet from both Westminster Canterbury Drive and Hickory Lane. As shown on the layout exhibit this one entrance would have to be located within a 135 foot space near the existing boundary between 53A-A-5 and 53A-2-C. Entrance 2 would meet the spacing require- ment with the closure of entrances 1 and 3. Due to a lack of depth on 53A-2-C, the re- construction of entrance 2 to current VDOT standards would interfere with vehicle circu- lation immediately in front of the existing restaurant. It would also eliminate a significant amount of parking area now serving the restaurant. The logical location for the entrance is on 53A-A-5 as shown on the layout exhibit. 0803001 PAINTER-LEWIS, P.L.C. Mr. Eric Lawrnece • • May 28, 2008 I have spoken with Mr. Robert Hassinger, owner of the Continental Restaurant, and I have proposed the option of closing his two entrances and providing access via the pro- posed entrance shown on the layout exhibit. Mr. Hassinger is not willing to close his en- trances at this time. I provided Mr. Hassinger with a copy of a draft letter stating his posi- tion. He did not indicate whether or not he will sign it and forward it to you. Please consider the following in support of the proposed waiver: o The existing entrance to Oates Grocery will be closed. o A new entrance will be located further from the Westminster Canterbury Drive in- tersection. o The new entrance will have a deceleration lane and it will be designed to VDOT standards. o The location of the new entrance will ultimately meet the requirements of Section 165-29 and it is the logical location for the single entrance that can serve all par- cels fronting on Route 522 between Westminster Canterbury Drive and Hickory Lane. o The new entrance will permit "right in/right out" turning movements only. No left turns will be permissible. o A permanent ingress/egress easement will be provided for the benefit of 53A-2-C and the new entrance will be designed to permit a shared access with 53A-2-C. o The location of an entrance from Westminster Canterbury Drive will meet the re- quirements of 165-29. o While access from Westminster Canterbury Drive will serve the proposed devel- opment, the second access from Route 522 is necessary to meet the develop- ment requirements of the proposed pharmacy. In addition, two entrances will bet- ter serve all parcels fronting on Route 522 in the eventuality that entrances 2 and 3 are closed with the redevelopment of 53A-2-C. If you have any questions, please call me. ., C.L.A. Attachments C: J. Martin 0804007 PAINTER-LEWIS, P.L.C. Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 WON Winchester, VA 22601 Job # 0803001 • • •• 6' vr• u�' �J11c Tr_i y 4 `rY r N� - Upper Crust, L.L.C. North Frederick Pike Frederick County, Virginia SITE AERIAL ----------- \ 1 FREDERICK PLAZA LAND TRUST I 53D-3-1 ZONED: B2 > USE: VACANT , 1 y- D' CO w z IQ IU Lw Cn \ Z_ Ld I 1 FREDERICK PLAZA LAND TRUST 53D-3-4 1 ZONED: B2 USE: VACANT r--T--- JJ I i i �./ ZONED: RP USE: RESIDENTIAL 53A-2-C ROBERT HASSINGER ZONED: B2 USE: RESTAURANT 53A-2-D-1 ROBERT L. CLARK ZONED: RP USE: RESIDENTIAL 53A-2-D-Al THOMAS FERRELL ZONED: B2 USE: COMMERCIAL 1 I 1 1 JJ I i i �./ ZONED: RP USE: RESIDENTIAL 53A-2-C ROBERT HASSINGER ZONED: B2 USE: RESTAURANT 53A-2-D-1 ROBERT L. CLARK ZONED: RP USE: RESIDENTIAL 53A-2-D-Al THOMAS FERRELL ZONED: B2 USE: COMMERCIAL 1 I 1 1 0 Q H — _ Z U L W Z — LLI Ym a - a N X cL > QL-UW Ln W Z W W >>aaD W U o W ,,--------- X W Q i� U Y W(r_w-U O;w�W •�, a.QZo --------- 0 3 0 � w a U LL. �,----------- 0 a_ i 1 U Lu i z ' J ■ ON a > 1 O E (D rn vi U) N 2 j 1 CV I � ai cD 04 � 1 1 LE 3 .o c Lu —4 o 1 J Lo a a)>� 1 L c a� U 0 E O Wo °' a�_ D s U U � - E w a ON Z� �w �w c/)�z mail Ld 0Z SURVEY: C.I.: P-L NA DRAWN BY: JOB NO.: JCL 0803001 SCALE: DATE: 1 "=60' 05/27/08 SHEET: DWWAIVER To: Mr. Eric Lawrence Frederick County Department of Planning and Development 106 N. Kent Street Winchester, VA 22601 (tel: 665-5651) Date: May 22, 2008 Re: Shared Access with Proposed CVS Pharmacy From: Mr. Robert Hassinger Continental Restaurant 1361 North Frederick Pike Winchester, VA 22603 I have met with representatives of the developer of the CVS pharmacy proposed for the corner of Route 522 and Westminster -Canterbury Drive. I do not at this time wish to participate in the proposed shared access driveway, knowing that the result would be the closing of the two existing entrances to the Continental Restaurant. Robert Hassinger Date PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 817 Cedar Creek Grade, Suite 120 fax: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com June 23, 2008 Mr. Robert Hassinger c/o Continental Restaurant 1361 North Frederick Pike IUN 2 5 2008 Winchester, VA 22603 RE: Shared Entrance Plan Dear Bob: As you requested during our meeting on June 19, 1 am forwarding this letter to you to list in detail the items discussed regarding the shared entrance with the proposed phar- macy. Attached to this letter is a drawing which illustrates these items. The developer of the adjacent parcel proposes to provide the following: 1) A common entrance from Route 522 will be constructed to serve your property and the proposed pharmacy. 2) VDOT and Frederick County will require that the Route 522 frontage along your property be improved with curb and sidewalk. The existing pavement that is within the VDOT right-of-way will be removed and replaced with lawn. 3) A separate entrance will be constructed to serve your property from the com- mon entrance. 4) The existing pylon sign on your property will remain in its current location and conditions. 5) A boundary line adjustment will occur between your property and the adjacent property. Approximately 4,100 square feet of land will be added to your prop- erty. If you have a y questions, please call me. Si cerely: Joh . Lewis, P.E., C.L.A. Attachments C: J. Martin E. Lawrence 0803001 PAINTER-LEWIS, P.L.C. ROUTE 522 COMMON ENTRANCE-- ACCESS EASEMENT =- RESTAURANT ENTRANCE ` to EXISTING SIGN TO REMAIN FRONTAGE IMPROVEMENTS Jgtill. w 110- 5 `43.6 LAWN NEW EDGE OF PAVEMENT malpz_�_a USEZONED 'SINGER2 i 0•5R R RANT ES t — — 4100t SF LAND CONVEYANCE C�q 5 K'4 2 - D _ R1 USE: BRPr L. E. RESI. DENTIAI I PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grode, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 ENGINEERS Email office@pointerlewis.com ROJECT: SURVEY: C.I.: P—L NA HASSINGER/CVS BOUNDARY LINE DRAWN BY: JOB NO.: ADJUSTMENT AND FRONTAGE JCL 0803001 IMPROVEMENTS EXHIBIT SCALE: DATE: 1 "=40.0' 06/23/08 SHEET: BLA Exhibit • • e Fa¢ro� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Roderick B. Williams, County Attorney FROM: Candice E. Perkins, AICP, Senior Planner'". RE: Rezoning Application Proffer Statement DATE: July 25, 2008 Please find attached to this memorandum the proffer statement for the Unger Property. We would appreciate your review of the Proffer Statement. Thank you for your assistance. cc: John R. Riley, Jr., County Administrator Attachment CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 r Rod Williams From: Rod Williams [rwillia@co.frederick.va.us] Sent: Tuesday, September 02, 2008 1:54 PM To: 'Candice Perkins' Subject: RE: Unger rezoning - more Candice, This matter seems to get worse. I took a look at the land records, including the older ones that are only at the courthouse and not available remotely, and definitely did not find anything that resolves the aspect concerning Mr. Unger's passing, but I also found a deed (510-373) that purports to have transferred the front lot (53A-A-5) in 1979 to Michel, Incorporated. I did not find anything that seemed to have transferred it directly back from Michel, Incorporated to either of the Ungers, but I suppose that there could have been something at some point involving someone who owned it for an intervening period. One piece of good news: the deed (298-65) for the back lot (53A-A-6) did convey that lot to Vernon and Frances, husband and wife, as tenants by the entireties, so that the lot transferred by operation of law to Frances on Vernon's death (though Frances would still need to have the appropriate papers processed to reflect that — at a minimum, we need to see the death certificate). I will bring you copies of the two deeds (there will also be a third one in there involving the Ungers, but it appears to be irrelevant, as it concerns a property at Albin three miles to the NW). C.. Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia(a-)co.frederick.va.us From: Candice Perkins[ma iIto: cperkins@co.frederick.va.us] Sent: Tuesday, September 02, 2008 8:18 AM To: 'Rod Williams' Subject: RE: Unger rezoning Rod, Vernon Unger is deceased (Frances was his wife), what type of paperwork would we need from Frances? Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cr)erkins(-a).co.frederick.va.us www.co.frederick.va.us From: Rod Williams[mailto:rwillia@co.frederick.va.us] Sent: Tuesday, September 02, 2008 8:07 AM To: 'Candice Perkins' Subject: Unger rezoning Candice, I have reviewed the materials for the Unger rezoning and have one major concern that I believe has to be addressed before any rezoning may be approved. The applicant represents that Vernon and Frances Unger own the parcels. While this is consistent with the real estate tax records, it appears that the origin of the titles dates back to the early 1980's for one of the parcels and much earlier than that for the other parcel. Therefore, first, we have not seen the deeds to confirm that the titling listed today in fact comports with what would be in the determinative decades -old documents. Second, only Frances Unger has signed the application and the power of attorney. We absolutely need to see something for Vernon Unger. If he is deceased and Frances Unger is his sole heir as to these parcels (we would at least need to see the deeds to make any initial determination as to that), then Frances Unger needs to file the appropriate paperwork with the Circuit Court Clerk. Beyond that, in my opinion, the rezoning would not properly be before the Commission or the Board unless all record owners have signed the application. Along related lines, if the parcels in fact still have co -owners, then the references to "owner" throughout the proffer statement need to be plural. Also, I have a small number of less critical issues, as follows: it seems that the GDP should specifically indicate which parcels are the identified parcel numbers; in proffer item 3, it seems that the language there could still be improved, particularly that the construction will be "as generally shown"; finally, re the waiver of the 165-29 spacing requirements, we need to confirm that there is actually authority to allow for such a waiver. we Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwilliaCcDco.frederick.va.us 4 M • • 65 #6o6 ROBERT G. BUCKLEY,ET AZS TO: :: :: DEED VERNON B. UNGER, ET UX k aoorc 298 PACE 65 LARGENT. AxDNRIFO l l i LARAIMC w�rowm wr uw M.rorwrr. Vrnro.L THIS DEED made and dated this _day of March, 1964, by and between Robert G. Buckley and Dorothy C. Buckley, his wife, Wade C. Emmart and Margaret M. Emanart, his wife, and Ralph E. Slaughter and Mildred L. Slaughter, his wife, parties of the first part; Vernon B. Unger and Frances A. Unger, his wife, parties of the second part, and J.Kenneth Robinson, Ray Robinson, Jr., and Flournoy L. Largent, Jr., Trustee, parties of the third part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant and convey, with general warranty of. title, unto the said parties of the second part, jointly, and as tenants by the entireties, in fee simple, with the common law right of survivorship, all of that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate about three -fourths of a mile West of the City of Winchester, a short distance South of U.S.Highway No. 522, in Stonewall Magisterial District, Frederick County, Virginia, containing 37,800 square feet more or less, according to plat and survey of Richard U. Goode, Certified Surveyor, prepared March 5, 1964, hereto attached and made a part hereof as if fully incorporated herein, being a portion of the real estate conveyed to Robert G. Buckley, Wade C. Emmart and Ralph E. Slaughter, by Deed of J.Kenneth Robinson, et al, dated September 24, 1962, of record in the Clerk's office of the Circuit Court of Frederick County, w J • L.uioaNT. AmDERsom h LAaMCK W N'coaxRr� — uw IIi-. V.ROfxIA BOOK l J b PAGE GG Virginia, in Deed Book 282 page 432, to which Deed and the references therein, a reference is here made for a more particular description of the property herein conveyed. The said parties of the third part join in the execution of this Deed for the sole and express purpose of releasing the herein described property from the lien of that certain Deed of Trust dated September 26, 1962, of record in the aforesaid Clerk's office in Deed Book 282 page 434, to secure certain indebtedness payable to J.Kenreth Robinson and Ray Robinson, Jr. The said parties of the first part covenant that they have the right to convey said property; that the said property is free of any encumbrances; that the said parties of the second part shall enjoy quiet possession to said property, and the said parties of the first part will execute such further] assurances of title as may be requisite. Witness the following signatures and seals this date first above written: (SEAL) Robert G. Buckley C� -- (SEAL) DC. Buckley t� (SEAL) Wade C. Emmart -2- (SEAL) (SEAL) (SEAL) C� • 67 LAxampm ANDSA1oN & LAmucx ATYO �I.tY� AT LAM i r:3t5 BOOK PAGE 67 SEAL) (SEAL) (SEAL) STATE OF VIRGINIA, COUNTY OF FREDaRICK, I, ,Notary Public in and for the County and State aforesaid, hereby certify that Robert G.Buckley and Dorothy C. Buckley, his wife, Wade C. Emmart and Margaret M. Emmart, his wife, and Ralph E. Slaughter and Mildred L. Slaughter, his wife, whose names are signed to the foregoing writing, dated March LT 1964, have personally appeared before me and acknowledged the ' same in my County and State aforesaid. My commission expires 3��9 Given under my hand this 2 _day of March, 1964. i otary Public ' � L� � bbvN} ••� STATE OF VIRGINIA, COUNTY OF FREDERICK, •.,, I ,A. IL1 L V� Notary Public in and for the County and State aforesaid, do hereby certify that J. Kenneth Robinson, Ray Robinson, Jr., and Flournoy L. Largent, Jr., Trustee,whose //7 names are signed to the foregoing writing, dated March n% 1964, have personally appeared before me and acknowledged the same in my County and State aforesaid. My commission expires \Vku `i tr4 . Given under my hand this I _day of March, 1964. o ary 68 41 r; c • Boo, P-96 PAGE 68 • { /►7/f/�Nf/C:� / 9 h/ • c� /'� �•O I � /CX7 f�lJBl RT r. f3l/C/fLEi' lT. �9G• — — _ 5 G /jL E /N fFf_-T 1y/9'3ZE Z00.0 " ROBERT G. BUCKLEY et el to VERNON B. UNGER 37,ROG sq. ft. r .c i 263.2 ft. to the old Right-of-way line of U. S. Highway No. 522 � U.1/Efr The above lot, located about 3/4 of a mile West of Winchester, a short distance South of U. S. Highway No. 522, and situate in Stonewall Magisterial District, Frederick County, Virginia is bounded as follows: Beginning at (1) an iron peg at the Southwest corner of the land of Unger, said point being 263.2 feet Southwest of the old Right-',f-way line of U. S. Highway No. 522; thence with Unger S 70 deg. 28 min. E 189.0 feet to (2) an iron peg; thence with the Darlington Subdivision S 19 deg. 32 min. W 200.0 feet to (3) an iron peg; thence with two new division lines through the land of rtobert G. Buckley et el N 70 deg. 28 min. W 189.0 feet to (4) an iron peg; thence N 19 deg. 32 min. E 200.0 feet to the point H�of beginning, contain- ing 37,800 square feet more or less. 'Q 14,J a' RICHARD U. GOODE CERTIFIED SURVEYOR A MAdCH 55, /1904 t, vnacA A RWMCK COUNTY, SR. I/�✓�<•i+i+ ! �i ;� rums was pmdwcad to me anAi.��&y of .� 4872 at , and wNh oKNflaoN �wbd� aroxed we, odr�NNd ►o record. � f�r+ f �Y LAx 965 V-71"VERNON 13. UNGER, ET Ux --,.`TO: .' DEED .MICHEL, INCORPORATED 373 THIS DEED made and dated this 3rd day of July 1979, by and between VERNON B. UNGER and FRANCES A. UNGER, his wife, parties of the first p - art and MICIIEL, INCORPORATED, party of the second part. WITNESSETHt That. for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, receipt of which in hereby acknowledged, the said parties of the first part do hereby grant and convey, with general warranty of title, unto the said party'of the second part,'in fee simple, all of those certain tracts or parcels of land,'togethee with the improvements thereon and the appurtenances thereunto belonging, lying and being situate on the Southwest Highway Boundary Line of U. S. Route 522, at Sunnyside, in Caine sboro Magisterial District Frederick County, Virginia, designated as Parcel A-1,,containing 13,301 sq. ft., and Parcel B-l'. containing 21,179 sq. 'ft. i on that certain plat'and survey dated March 7, 1979, prepared by Lee A. , Ebert, C.L.S." hereto attached and by this reference made a ;art,c! thia need, and being a ;art cf the nare prr-pert ,y conveyed to the said parties of the first part by Deed of Alfred M. Kipps, at ux, dated April 1, 1954, of record in the Clerk's Office of the Circuit Court of Frederick county,,Virginia, in Deed Book 231, Page 153, and a part of the same property conveyed .to the said parties of the first part by Dead 'of -Vernon B. Unger dated July 5, 1961, of record in the aforesaid Clerk's Office in Deed Book 273, Page 274, to which deeds and plat and the, references therein, reference in here made for a more particular description of the said property. N o This conveyance is made subject to the duly recorded and enforceable restrictions, eaeements and rights of way, if, any, affecting title to the said property. zl t. I FBI' MV , I , 7A A .R , Al �kvli h ";Ths said parties of the first part do hereby retain a right of way abross the Northwest corner of Parcel B-l# more particularly rticularly described by the aforesaid plat with dimensions of, 53.97 feet along the Western boundary of the right of way, 55.18 feet along the Northern boundary of the right of way and 74.59 feet along the Southern boundary of the right of way. The said parties of the first part do further grant an easement over the parcel of land designated as "R/W Parcel* on the aforesaid plat extending from the Southwest cornar.of Parcel B-1 for i distance of 56.94 fact in a Southernly direction with an even width for a distance of 08.83 feet for the purpose of using it as a drain field and to continua 'until publio sewer is available to the aforesaid property. The said party of the second part joins in the execution of this deed for the express purpose of agreeing to retention of the easement over the Northwest corner as hereinbefore described and -to accept the easement for the drain field as described. The said parties of the first part covenant that they havetheright to convey the said property to the said party of. the second party . that the said party of the second part shall have quiet and i.peaceable porsession to sai4 property, free from all liens and encumbrances, except as hereinabove stated] and the :said partiss of the first part will execute such further assurances.of title as may be requisite. .WITNESS the following signatures and seals the date, first above writtent C.. AL) SF MON B. UNGEA 4 liras 5 boox 50 FICE 375 MICHEL --ZNC. RPORA TED Byl Alchal R. -audin, Pres ant AT'ZE V: Anna-_4i2in, Secreta y STATE OF VIRGINIA, COUNTY OF FREDERICKt to -Witt 1, Patricia L. Jordan a Notary Public of and for'the County and State aforesaid, do hereby certify that Vernon B. Unger and Frances A. Unger, his wife, whose names are signed to the foregoing writing, bearing date the 3rd day of'. July have personally appeared before me and acknowledged same. My commission expires November 21,-1981 Given under my.hand . this 3rd day of July 1979. '4A -y N, o tary P ub I i STATE OF VIRGINIA, COUNTY OF FREDERICK, to -Witt -I—, Patricia L. Jordan a Nctary Public of and for the County and Stat2 aforesaid, do hereby certify that Michel R.-Gaudin'and Anne -Marie R.'GaudJn, President and secretary,L respeitively, of Michel, Incorpore.ted, whose names are signed .to the foregoing writing, bearing date the 3rd day of !July 1979, have personally appeared before me and itcknowledged same. MY commission expires November 21, 1981 '3rd day of Given under my hand this Jul V I Notary Publlq./ 376 510 ;,+ci 376 �i I I y LT O N �P. A4a tADN !xN i D.S. 'e pxlE <F 168.6 A ti j9� 32 C - I cv 21,356 SQ.FT. 1 o a N�ER STORE a IVEaNO U C ip Su LOINa- pI faANGEs p. 65 G� O I STORY .— o W Zg8 N aLOCK cr, i 1 Oa, cr1 ✓ N ;Ix v a �I 60 J 3 'd, 44. 9o, Q a 7' �y — I 132.83'N. N 1527 4 L,N N NEW olvlsloN 1 .071 N OD Z PAKEL ' PJ � •, `A r ��W ,p R_s�9 v� 0 ;rn PkR�E` D.S. �f S O ip I ,� REsrauRaNT 16 o W �g8 63 I eulLolNo- ! I STORY _ t B-I - o AMMENDMENT T321,179 r 0: o o _ SQ.FL Q� J. P. DARLlNGTJN SUBCN. '" o -- Lor ` S _ LOT a U.S. RT.522 a HICKORY ST. m a V) GAINESBORO DISTRICT H „ � N31°34'33'E-122.16' � N - Nr,W i DIVISION LINE - 1 FREDERICK COUNTY z 0: �IRoN Z0.0' IR O I 3 p' VIRGINIA LOT � - o, ;.OT u�c a t cc b In AIn a o to 2 I ,3 SQ.FT. j 0 LEE A. EBEriT r .; z "c 11.88, u IcN•SI3'02'14'E-10.68'S3?_'21'W - 116.03'1 c -�- 1 RON pI1J HICKORY STREET 50 FT. R/W A 377 is ex 510 +ti 377 The Accompanying Plat - Amendment Tot J.P. Darlington Subdivision is a Survey of the Remaining Portions of the Land conveyed to Vernon B. Unger and Frances A. Unger by Deed dated 1 April 1954 in Deed Book 231 Page 153 and by Deed dated 5 July 1961 in Deed Book 273 Page 274. The said Improved Land fronts the Southwestern Highway Doui;dary Lines of U. S. Route 522, at Sunnyside, and lies in Gainesboro District, Frederick County, Virginian Beginning at the Intersection of the Southwestern Highway Boundary Line of U. S. Pz uta 522 with the Northwestern Boundary Line of Hickory Street, the said point being N 580 25' 271, N - 0.52 ft. from a concrete highway monument, running with the two following Northwestern Boundary Lines - with the Arc Lire 11.88 ft. (Chord S 130 02, 14" E - 10.68 ft.); thence S 320 21' N - 116.03 ft. to an iron pin corner to Lot 11 thence with the Northeastern Line of the said Land N 570 391 N - 219.10 ft. to an iron pin corner to the D. B. 298- P. 65 Unger Lot; thence with the Northern Line of the said Land N 700 28' it - 189.00 ft.. to an ( ® axle aorn-ir (found) in the Eastern Line of the Hylton Lard; thence ® with the said Line N 190 32- E - 16B.64 ft. to an iron pin in the Southwestern Boundary Line o' L. S, Route 5221 thence with the two following Boundary Lines S 56o 15. 54" E - 128.37 ft. to a concrete highway monument; thence S 580 25. 27" E - 304.88 ft. to the ;-,ginning.1! Of Containing - - 55,836 Sq. Ft. Also shorn on the Plat is the R/N Parcel on the o LEB A. EBERT u (=jtr(rr�l[ 4 > Northeastern Portion of the said U.D. 298-P. 65 Unger Lot. ra (( Also shown on the Plat is the RIW Parcel on the Ja tAfT *I, Northeastern Portion of Lot B-1. Surveyed - - parch 7, 1979 TI I , irumont o citing was produced to me on the _ day of _, 19 __ at and with certificate a ro�rl�dgment thereto annexed was adraitiod to record. ax Imposed oy Sec. 53•d4.1 of ,and 5 LS4 have been paid, if a3sessable. I f I ii/4'f� Clerk. w 148 --- • • 0390' ********************************* #3808 VERNON B. UNGER, ET UX TO: DEED VERNON B. UNGER, ET UX , ********************************* 8K568Pc148 THIS DEED made and dated this IL day of LZCAv��f�l� 1983, by and between VERN0I7 B. UNGER and FRANCES A. UNGER, his wife, hereinafter called the Grantors,and VERNON B. UNGER and FRANCE3 A. UNGER, his wife, hereinafter called the Grantees. WITHESSETHt That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considera- tion, receipt of which'is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English covenants of title, unto the Grantees, jointly, as tenants by theentirety, with the' right of survivorship, as at common law, all of that certain lot or parcel of land, lying and being situate at Albin Post Office, Frederick County, Virginia, about three (3) miles Northwest of Winchester, adjoining the lands formerly belonging to Susan D. Howard and the lands formerly belonging to Mary Paxton Baker, fronting on the North side of the North Frederick Turnpike, containing one (1) acres and three (3) square poles, according to a sur- vey made by A. J. Tavenner, Surveyor, dated August 17, 1014, and is more particularly described as beginning at a locust stump on the west side of the west side of the North Frederick Turnpike, corner to the other lands of Mrs. nary P. Baker, and running thence with the west side of said Pike No. 0 IT, 12 poles to a post, corner to Dusan D. Howard; and running thence with said Susan B. Howard's lot N. 88 1/2 west 17 0/10 poles to a stake corner to said Mrs. Baker in Dusan B. Howard's line; thence with said Lira. Baker S. 28 1/2 V. 5.12 poles to a stake; thence 3.70 F. 22 8/10 poles to the beginning point. This is the same property conveyed Vernon B. Unger, et ux by doed o1 Gilliam O. Parlett, at ux, dated September 10, 1944, of record in the Clerk's Office of the Circuit Court DI 13 Aso IL /(VA- ►.. 9 sK568PGIas of Frederick County, Virginia, in Doed Book 100, Page 210. This conveyance is made subject to all duly recordod and enforceable restrictions, easements and rights of way, if any, affecting title to the said property. WITNESS the following signatures and seals the date first above written: Ito .1 (SEAL) VERNOND. UNGER (SEAL) FRANCES A. NGER STATE Or V.IRGINIA,(—^' - ( OF to -wits She foregoing instrument was acknowledged before me this Z day of November, 1983, by Vernon B. Unger and Frances A. Unger, his wife. fly commission expires 11 i 17, Ax t,otary'Public u..'u :r.�rt�,d •d .d'!n t �.:- �ro'u .r! IO rM pp I0d prl vial � w U :raY OfoaMrWwbdi�^l 1,w Flo rr»a�d wq u1mN - 2 BILE COP` G COUNTY of FREDERICK r a' Department of Planning and Development 540/665-5651 m738 FAX: 540/665-6395 e MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: October 10, 2008 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the Unger Property. Painter- Lewis PLC had a deposit for one sign for Rezoning #07-08 for Unger Property. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Painter- Lewis PLC 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 RSA/pd 6�k jo•lo-o8 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 r k ` F i R E C E I P T s T A X ICK COUNTY Ticket #:000060900 O1 LLIAM ORNDOFF, JR Date 8/12/2008 i . B OX 225 Register: BCC/BCCS2 Trans. #: 83908 - - - -"-`" - INCHESTER VA 22604-0225 Dept # 1095 Acct# z-; SIGN DEPOSITS PLANNING Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 PLANNING Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING Cash 100.00Check �'" BALANCE DUE INCLUDES PENALTY/INTEREST 6088.00 # THRU THE MONTH 8120nR VARIOUS 0 0 DATE NO. 0556 c RECEIVED FROM X c ADDRESS -p 60 05 (4 ss CJF6R RE UF0R—*:eA"v)lcI 0. AMT. OF ACCOUNTCASH AMT. PAID CHECK 'MONEY (0ff c Ins ns�- BY SLn _ 9 Lr,Ui Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540-662-5792 office(�painterlewis. com September 29, 2008 Ms. Candace Perkins Frederick Co. Dept. of Panning & Development 107 N. Kent Street Winchester, VA 22601 RE: UNGER PROPERTY REZONING AGREEMENT Dear Candice, Enclosed, please find a copy of the signed agreement between Robert and Joan Hassinger and JEM X, L.L.C. regarding the improvements to be made in conjunction with the above referenced project. Please do not hesitate to contact this office if you would have any questions or need additional information. Sincer ly, L 0 IF s Engineering Admin. Assistant PAINTER-LEWIS, P.L.C. Enclosure JOB NUMBER: 0803001 09/17/2008 15:47 5406625793 9 FAX Painter -Lewis, P.L.C. Consulting Engineers 116 South Stewart Street Winchester, VA 22601 (540) 662-5792 office @pain terlewis. com Cl 00-- t> C9 Comments: Dear Ms. Perkins PAINTERLEWIS 0 To: Ms. Candice Perkins Company: Frederick Co. Planning Dept, Fax number: 540-665-6395 From: Jill Fries Fax number: 540-662-5793 Date: 9/17/2008 PAGE 01/07 Regarding: Hassinger & JEM X, LLC Agreement Number of pages including cover sheet: 7 Attached, please find a copy of the most current agreement for the Robert Hassinger and JEM X, LLC agreement for the current Unger Rezoning Please do not hesitate to contact this office if you would have any questions or need additional information. Thank you, J Fri s Engineering Admin. Assistant PAINTER-LEWIS, P.L.C. 09/17/2008 15:47 5406625793 PAINTERLEWIS PAGE 02/07 0 Is THIS AGREEMENT, made and dated. this day of September, 2008, by and between ROBERT E. HAASINGER AND JOA.N 13. HA,SSINGER ("Hassinger"), and JEM X, LLC, a North Carolina limited liability company ("JEM"). RECITALS: A. Hassinger is the owner of that certain parcel of land containing 21,179 square feet, more or less, situate on. the east side of North Frederick Pike (U.S. Route 522) at Sunnyside in Stonewall Magisterial District, Frederick County, Virginia, which. has a street address of 1361 North Frederick Pike, upon which is located a restaurant known as "The Continental Restaurant", Tax Map No. 53A-2-D-C (the "Restaurant Property"). B. JFM intends to acquire those four parcels of land located on the east side of North Frederick Pike (U.S. Route 522), at the intersection of North Frederick Pike and Westminster -Canterbury Drive at Suunyside in Stonewall Magisterial District, Frederick County, Virginia, currently improved by a. car wash, a residence and a grocery store known as "Oates Grocery", Tax Map No. 53-4-2-D, 53-4-3-D1, 53A-A-6 and 53A-A-5 (the "JEM Parcels"). C. JEM is seeking to rezone that certain parcel designated as Tax Map No. 53A- A-6 to a B-2 zoning classification (the "Rezoning") and to obtain approval of a site plan for the construction and operation of a pharmacy on the JEM Parcels (the "Site Plan"), and as part of such process, has agreed to make certain improvements to the JEM Parcels and the Restaurant Property including reconfiguration of entrances from public highways to the properties (the "Restaurant Property Improvements"), as the same are more particularly described and depicted on that certain exhibit titled "Property Improvement Plan PIN #53A- 2-D-C" dated September 15, 2008, prepared by Painter -Lewis, P.L.C." (the "Exhibit"), a copy of which is attached hereto and incorporated herein by reference as if set out in full. NOW, 'THEREFORE WITNESSETH, for and in consideration, of the payment of Ten Dollars, anal in consideration of the mutual obligations of the parties hereto, the receipt andsufficiency of which is hereby acknowledged, the parties agree as follows: 1.. Recitals. The recitals are incorporated herein. and made a material part hereof as if set out in full. 2. Conditions Precedent: JEM's obligation and liability under the terms of this Agreement to make the Restaurant Property improvements i,s expressly conditioned and subject to all of the following: -- i. - Receipt of final, non -appealable approval of the Rezoning by the County of Frederick, Virginia (the "County"), or such other governing or judicial body 09/17/2008 15:47 5406625793 PAINTERLEWIS PAGE 03/07 having jurisdiction thereof, on or before October 1., 2009; and, ii. Receipt of final, non -appealable approval of the Site Plan by the County, or such other governmental agency having jurisdiction thereof on or before October 1., 2009; and, iii. Issuance of a building permit for the construction of a pharmacy (the "Pharmacy") upon the JEM Parcels by the County, or such other governmental agency having jurisdiction thereof on or before December 31, 2009; and, iv. There being no moratorium upon the construction of the Pharmacy or the provision of utility service to the Pharmacy located upon the JEM Parcels imposed by the County, or any other governmental agency or utility provider having jurisdiction thereof, which delays and/or stops the construction of the Pharmacy upon the JE.M Parcels or the Restaurant Property Improvements. V. JEM, in its sole discretion may unilaterally extend any or all of the dates set forth above for up to two (2) years or waive any or all of the foregoing conditions. vi. Receipt of final, non -appealable approval of the Site Plan and issuance of a building permit by the County, or such other governmental agency having jurisdiction thereof for the construction of the Restaurant Property Improvements on or before December 31, 2009. Restaurant Property Improvements: L The Restaurant Property Improvements shall consist of the following, as are more fully depicted on the attacbed Exhibit: a. A note -exclusive shared entrance from North Frederick Pike shall be constructed on the JEM Parcels to serve the Restaurant Property and the Pharmacy, the approximate location and design of which is depicted and labeled as "Shared Entrance" on the attached Exhibit. A temporary construction easement to construct the Restaurant Property Improvements and a permanent ingress/egress easement for the shared entrance over a portion of the JEM Parcels and the Restaurant Property and for vehicular and pedestrian traffic across the paved areas of the JEM Parcels and the Restaurant Property both in a form approved by JEM will be executed by IIassinger and JEM and recorded among the land records in the Clerk's Office of the Circuit Court of Frederick County, Virginia prior to construction of the Restaurant Property Improvements. b. _ . _ The North Frederick Pike frontage along the Restaurant Property will be improved with curb and a bike path, as required by the County and the Virginia Department of Transportation, the approximate location and design of which is 09/17/2008 15:47 5406625793 PAINTERLEWIS PAGE 04/07 0 0 depicted and labeled as "Bicycle/Ped Path" on the attached Exhibit. C. An entrance to serve the Restaurant Property will be constructed from Shared Entrance off of North Frederick Pike, the approximate location and design of which is depicted and labeled as "Restaurant Entrance" on the attached Exhibit. d. The existing pylon sign located upon the Restaurant Property will remain. in its current location and condition, the approximate location of which is depicted and labeled as "Existing Pylon Sign" on the attached Exhibit. e. A boundary line adjustibent will be granted to cause approximately 4,1.00 square feet of land to be added to the .Restaurant Property out of the JEM Parcels, the approximate location and layout of which is depicted and labeled as "Boundary Adjustment Area' on the attached Exhibit. f. JEM will apply for the necessary approvals to construct a right out only exit onto North Frederick Pike as part of the Rezoning, the approximate location and design of which is depicted and labeled as "Right Out Exit" on the attached Exhibit; however, JEM does not warrant or guaranty that the approval for the Right Out Only Exit will be obtained. In the event the approval for the Right Out Exit is not obtained, JEM will have no further obligation related to the Right Out Exit including, but not limited to, any duty to appeal. any decision not to grant approval for the Right Out Exit. ii. Provided that all of the terms and conditions of Section 2, above, have been met and fully satisfied, then and in that event, JEM agrees to make the Restaurant Property Improvements (or those of which JEM has received approval to construct) at such time as the Pharmacy is constructed upon the JEM Parcels. However, in the event that all of the terms and conditions of Section 2, above, are not met and satisfied in full to JEM's satisfaction, then and in that event, JEM shall have no liability or obligation whatsoever to construct the Restaurant Property Improvements to grant an ingress/egress easement for pedestrian and vehicular traffic across the paved areas of the JEM Parcels or make the Boundary Line Adjustment. In the event JEM does not receive approvals for the Rezoning, the Site Plan or for any of the Restaurant Property Improvements, JEM will have no further obligations related to this Agreement including, but not limited to, any duty to appeal any decision not to grant any of the approvals. iii. The Restaurant Property Improvements will be made at the sole cost and expense of JEM.. 4. Notices: Any notice permitted or required by the provisions of this Agreement shall be deemed to .have been given when. delivered in writing as follows: 09/17/2008 15:47 5406625793 PAINTERLEWIS PAGE 05/07 0 To JEM: JEM X, LLC Post Office Box 3538 Gastonia, North Carolina 28054 Attn: James E. Martin, Manager Fax: 704/867-4273 To Hassinger: Robert E. Hassinger, Joan B. Hassinger c/o Continental Restaurant 1.361 North Frederick Pike Winchester, Virginia 22601 Fax: 540/ 5. Miscellaneous: i_ This Agreement contains the entire agreement between JEM and Hassinger and supersedes any prior and/or contemporaneous negotiations, understandings and agreements, written or oral., between JL-M and Hassinger. This Agreement shall not be amended or modified except by written instrument executed by the parties hereto. ii. This Agreement shall be governed by the laws of the Commonwealth of Virginia. It is understood and agreed by the parties to this Agreement that if any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the Commonwealth of Virginia, the validity of the remaining portions or provisions shall not be affected and the .rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the part, term or provision held to be invalid. iii. This Agreement will extend to and be binding upon the heirs, personal representative, successors and assigns of the parties hereto and may be recorded at JEM's election. iv. Time is of the essence as to all matters set forth herein. V. Hassinger agrees to cooperate with JEM and to promptly execute and deliver to JEM all such applications, drawings, plats, certifications, easements, dedications and other documents that JEM or its agents request to obtain the approvals and to satisfy all, of the terms and conditions of this Agreement. WITNESS the following signatures and seals: 09/17/2008 15:47 5406625793 0 PAINTERLEWIS 0 PAGE 06/07 WITNESS: 20A CYAwpds3ta12392.040VEM - Hossingcr ARrcica11091608.doc JEM X, LLC By: AL) James F. Martin, Manager (SEAL) ROBERT E. HASSINGER JOAN 13. HASSINGER EAL) 09/17/2008 15:47 5406625793 • PAINTERLEWIS PAGE 07/07 ti - NO�RVrT 1ti 522 j `w fV6�qN L ICE-'-- T_.*vfg - SHARED ENTRANCE BICYCLE/�PEO PATH ez 1 1 EXISTING PYLON 51GN RESTAURANT ENTRANCE I �a RIGHT OUT EXIT EASEMENT BOUNDARY ADJUSTMENT If PAINTER-LEWIS, P.L.C. PROJECT: C.I.: PuRVEr; A 817 Cedor Creek Grade, Suite 120 PROPERTY DRAWN BY: Job No.; Winchester, Virginia 22601 IMPROVEMENT PLAN JCL 08030DI Telephone (540)662-5792 PIN#53A-2—D—C SCALE: DATE: CONSULTING Focsimile (540)662-5793 1'.50.0' 09/15/08 ENGINEERS Emoil Office®pointerlewis.com SHEET; wUSINCER_EXH101T 11 0 ,Ca-ndice Perkins From: Sent: To: Subject: Rod Williams [rwillia@co.frederick.va.usl Thursday, September 04, 2008 2:19 PM 'Candice Perkins' RE: Unger Property Candice — Thanks. I have reviewed the death certificate and everything looks to be in good order. e Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia co.frederick.va.us From: Candice Perkins [ma iIto: cperkins@co.frederick.va. us] Sent: Thursday, September 04, 2008 2:04 PM To: 'Rod Williams' Subject: FW: Unger Property Hi Rod, Attached is the death certificate for Mr. Unger. ea*zdice 19e2�asrrd., a1CP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkins ,co.frederick.va.us www.co.frederick.va.us From: Jill Fries [mailto:jill@painterlewis.com] Sent: Thursday, September 04, 2008 1:59 PM To: 'Candice Perkins' Subject: Unger Property Hi Candice, Mrs. Unger brought in a copy of the Death Certificate. I am sending it attached to this email. If that is not ok, just let me know and I'll get one over there in a bit. Thanks, Jill PP ,jilt 1rics 1 Engineering Admin. Asst. .Printer -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 540.662.5792 fill@painterlewis.com 0 0 Candice Perkins From: Rod Williams [rwillia@co.frederick.va.us] Sent: Thursday, September 04, 2008 2:03 PM To: 'Candice Perkins' Subject: RE: Unger rezoning - looks good now Candice, I have further reviewed relevant title records and am sufficiently satisfied that we are good to go on this, per the following: • The "front lot" — As you correctly note, the 1979 deed from the Ungers to Michel, Incorporated, in Book 510 at Page 373, conveyed only lots A-1 and B-1 and not lot C-1, which is the front lot. That deed does assist us by noting the sources of title for all three lots — a 1961 deed, in Book 273 at Page 274, and a 1954 deed, in Book 231 at Page 153. Both the 1961 and 1954 deeds make conveyances to the Ungers as tenants by the entireties, so the death certificate will suffice to establish Mrs. Unger's current claim as to anything covered by those deeds. The lot descriptions in the 1954 deed comport with predecessor lots to those in the 1979 deed (all of which predecessors are in fact to the east of the current front lot). The 1961 deed relies on an earlier deed (in Book 269 at Page 326) for a description. I did not look at the earlier deed, but that earlier deed is noted in the front lot area on the plat accompanying the 1979 deed. This should all be more than sufficient, especially considering the long passage of time since all of these transactions took place. • The "back lot" — The 1964 deed to the Ungers, in Book 298 at Page 65, is to them as tenants by the entireties, so the death certificate will suffice to establish Mrs. Unger's current claim. I have copies of the additional deeds, should you need there. Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia(a)co.frederick.va.us From: Rod Williams [mailto:rwillia@co.frederick.va.us] Sent: Tuesday, September 02, 2008 1:54 PM To: 'Candice Perkins' Subject: RE: Unger rezoning - more Candice. This matter seerns to get worse. I took a look at the land records, including the older ones that are only at the courthouse and not available remotely, and definitely did not find anything that resolves the aspect concerning Mr. Unger's passing, but I also found a deed (510-373) that purports to have transferred the front lot (53A-A-5) in 1979 to Michel, Incorporated. I did not find anything that seerned to have transferred it dir6ctly back from Michel. Incpoorated to either of the Unaers. but SUDDose that there could have b6en something at some point involving someone who owned it for an intervening period. One piece of good news: the deed (298-65) for the back lot (53A-A-6) did convey that lot to Vernon and Frances, husband and wife, as tenants by the entireties, so that the lot transferred by operation of law to Frances on Vernon's death (though Frances would still need to have the appropriate papers processed to reflect that — at a minimum, we need to see the death certificate). I will bring you copies of the two deeds (there will also be a third one in there involving the Ungers, but it appears to be irrelevant, as it concerns a property at Albin three miles to the NW). •. Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia a(,co.frederick.va.us From: Candice Perkins [mailto:cperkins@co.frederick.va.us] Sent: Tuesday, September 02, 2008 8:18 AM To: 'Rod Williams' Subject: RE: Unger rezoning Rod, Vernon Unger is deceased (Frances was his wife), what type of paperwork would we need from Frances? ewe P&., AICh Senior Planner Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkins(aDco.frederick.va.us www.co.frederick.va.us From: Rod Williams [mailto:rwillia@co.frederick.va.us] Sent: Tuesday, September 02, 2008 8:07 AM To: 'Candice Perkins' Subject: Unger rezoning Candice, I have reviewed the materials for the Unger rezoning and have one major concern that I _..=.believe has to be addressed before any rezoning may be approved. The applicant represents that Vernon and Frances Unger own the parcels. While this is consistent with the real estate tax records, it appears that the origin of the titles dates back to the early 1980's for one of the parcels and much earlier than that for the other parcel. Therefore, first, we have not seen the deeds to confirm that the titling listed today in fact comports with what would be in the determinative decades -old documents. Second, only Frances Unger has signed the application and the power of attorney. We absolutely need to see something for Vernon Unger. If he is deceased and Frances Unger is his sole heir as to these parcels (we would atleast need to see the deeafo make any initial determination as co that), then Frances Unger needs to file the appropriate paperwork with the Circuit Court Clerk. Beyond that, in my opinion, the rezoning would not properly be before the Commission or the Board unless all record owners have signed the application. Along related lines, if the parcels in fact still have co -owners, then the references to "owner" throughout the proffer statement need to be plural. Also, I have a small number of less critical issues, as follows: it seems that the GDP should specifically indicate which parcels are the identified parcel numbers; in proffer item 3, it seems that the language there could still be improved, particularly that the construction will be "as generally shown"; finally, re the waiver of the 165-29 spacing requirements, we need to confirm that there is actually authority to allow for such a waiver. e Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwilliaCa�co.frederick.va.us Candice Perkins From: Rod Williams [rwillia@co.frederick.va.us] Sent: Tuesday, September 02, 2008 8:38 AM To: 'Candice Perkins' Subject: RE: Unger rezoning Candice, We cannot give her legal advice, but I believe that she has to file an affidavit of some form, along with a death certificate, with the Circuit Court, or perhaps just with the Commissioner of the Revenue. She may just want to check with the Commissioner's office. Frankly, I am not entirely certain what has to be done, but the County's knowledge as to the rezoning at this point has to be limited to what is of public record. That record says that Vernon and Frances own the property and we do not have Vernon's signature on the rezoning. We also have to hope that the property was titled in them as "tenants by the entireties", so that his interest went to her by operation of law upon his death. If it was held as "tenants in common", then that would raise complicating issues of having to deal with any other potential heirs. We would need to see copies of the original deeds to the Ungers to ascertain whether that is a concern. C.. Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia ,co.frederick.va.us From: Candice Perkins [mailto:cperkins@co.frederick.va.us] Sent: Tuesday, September 02, 2008 8:18 AM To: 'Rod Williams' Subject: RE: Unger rezoning Rod, Vernon Unger is deceased (Frances was his wife), what type of paperwork would we need from Frances? e ce Pwduw4, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 226.01,,. (540) 665-5651 (540) 665-6395 (fax) cperkins(o-)co.frederick.va. us www.co.frederick.va.us From: Rod Williams [mailto:rwillia@co.frederick.va.us] Sent: Tuesday, September 02, 2008 8:07 AM To: 'Candice Perkins' Subject: Unger rezoning 0 0 Clandice, I have reviewed the materials for the Unger rezoning and have one major concern that I believe has to be addressed before any rezoning may be approved. The applicant represents that Vernon and Frances Unger own the parcels. While this is consistent with the real estate tax records, it appears that the origin of the titles dates back to the early 1980's for one of the parcels and much earlier than that for the other parcel. Therefore, first, we have not seen the deeds to confirm that the titling listed today in fact comports with what would be in the determinative decades -old documents. Second, only Frances Unger has signed the application and the power of attorney. We absolutely need to see something for Vernon Unger. If he is deceased and Frances Unger is his sole heir as to these parcels (we would at least need to see the deeds to make any initial determination as to that), then Frances Unger needs to file the appropriate paperwork with the Circuit Court Clerk. Beyond that, in my opinion, the rezoning would not properly be before the Commission or the Board unless all record owners have signed the application. Along related lines, if the parcels in fact still have co -owners, then the references to "owner" throughout the proffer statement need to be plural. Also, I have a small number of less critical issues, as follows: it seems that the GDP should specifically indicate which parcels are the identified parcel numbers; in proffer item 3, it seems that the language there could still be improved, particularly that the construction will be "as generally shown"; finally, re the waiver of the 165-29 spacing requirements, we need to confirm that there is actually authority to allow for such a waiver. M Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwilliaCa)-co.frederick.va.us .Candice Perkins From: Rod Williams [rwillia@co.frederick.va.us] Sent: Tuesday, September 02, 2008 1:54 PM To: 'Candice Perkins' Subject: RE: Unger rezoning - more Candice, This matter seems to get worse. I took a look at the land records, including the older ones that are only at the courthouse and not available remotely, and definitely did not find anything that resolves the aspect concerning Mr. Unger's passing, but I also found a deed (510-373) that purports to have transferred the front lot (53A-A-5) in 1979 to Michel, Incorporated. I did not find anything that seemed to have transferred it directly back from Michel, Incorporated to either of the Ungers, but I suppose that there could have been something at some point involving someone who owned it for an intervening period. One piece of good news: the deed (298-65) for the back lot (53A-A-6) did convey that lot to Vernon and Frances, husband and wife, as tenants by the entireties, so that the lot transferred by operation of law to Frances on Vernon's death (though Frances would still need to have the appropriate papers processed to reflect that — at a minimum, we need to see the death certificate). I will bring you copies of the two deeds (there will also be a third one in there involving the Ungers, but it appears to be irrelevant, as it concerns a property at Albin three miles to the NW). me, Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwilliaC@.co.frederick.va.us From: Candice Perkins [ma iIto: cperkins@co.frederick.va. us] Sent: Tuesday, September 02, 2008 8:18 AM To: 'Rod Williams' Subject: RE: Unger rezoning Rod, Vernon Unger is deceased (Frances was his wife), what type of paperwork would we need from Frances? e P&., AICP Senior Planner '`F"rederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkins .co.frederick.va.us www.co.frederick.va.us From: Rod Williams[mailto:rwillia@co.frederick.va.us] Sent: Tuesday, September 02, 2008 8:07 AM To: 'Candice Perkins' Subject: Unger rezoning Candice, have reviewed the materials for the Unger rezoning and have one major concern that I believe has to be addressed before any rezoning may be approved. The applicant represents that Vernon and Frances Unger own the parcels. While this is consistent with the real estate tax records, it appears that the origin of the titles dates back to the early 1980's for one of the parcels and much earlier than that for the other parcel. Therefore, first, we have not seen the deeds to confirm that the titling listed today in fact comports with what would be in the determinative decades -old documents. Second, only Frances Unger has signed the application and the power of attorney. We absolutely need to see something for Vernon Unger. If he is deceased and Frances Unger is his sole heir as to these parcels (we would at least need to see the deeds to make any initial determination as to that), then Frances Unger needs to file the appropriate paperwork with the Circuit Court Clerk. Beyond that, in my opinion, the rezoning would not properly be before the Commission or the Board unless all record owners have signed the application. Along related lines, if the parcels in fact still have co -owners, then the references to "owner" throughout the proffer statement need to be plural. Also, I have a small number of less critical issues, as follows: it seems that the GDP should specifically indicate which parcels are the identified parcel numbers; in proffer item 3, it seems that the language there could still be improved, particularly that the construction will be "as generally shown"; finally, re the waiver of the 165-29 spacing requirements, we need to confirm that there is actually authority to allow for such a waiver. e Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia(d�co.frederick.va.us Page 1 of l Grea Kerr From: "RL PLACE" <cephefp@verizon.net> To: <gkris@shentel.net>; <Iwfarm@shentel.net>; <june.wilmot@verizon.net> Cc: <pamthomas@comcast.net>; <trff@visuallink.com>; <greglunger@yahoo.com>; <rickours@comcast.net>; <rours@su.edu>; <gkerr02@comGast.net> Sent: Tuesday, September 16, 2008 11:15 PM Subject: Planning Commison meeting 9-17-08 Dear Mr. Kriz and Mr Triplett, Gainesboro District members and the Frederick County Planning Commission Chairman Member at Large, June Wilmot I just found out that the Planning Commision Meeting this Wednesday evening you will be discussing re -zoning of the properties located on 522 North between Westminister Canterbury Drive and Hickory Lane. I am unable to attend the meeting because of a prior committment. I want to express my feelings about this re -zoning. I have lived on Hickory Lane since 1956. 1 have watched a very rural area become commericalized in these decades, especially in the last 10 years. CVS is located in the Sunnyside Plaza. We DO NOT need to rezone for a mega store to come in and take away the 3-4 small businesses located on this strip of land. Many of these businesses have been here for years. The CVS stand alone building is hugh, ugly, and take up so much area. We have even a shopping center almost across from Sunnyside Plaza where Martin's is located that still has empty space available if CVS wants to build a stand alone store. It will take away the small buiness, the little bit of green land still located on the RT 522 in this stretch. Also, over shadow or even take the Continental Restaurant. It will take away our neighborhold store, Oates Cash Grocery. The store has been at this location for almost 50 years, Oates for 35 years. Re -zoning will take away this personallization and hand it over to a 2-3 story building, which takes more of the skyline away and adds more continuious lighting at night which with Martins & Food Lion Shopping Centers already polute the evening night with all night lighting. Also, more cement put down, is creating draining problems for the neighbors on Hickory Street. Not enough land to absorb rain and also, causing a run off from Canterbury Drive into the basements of Homes on Hickory Street. We have been experiencing this now for several years because of the homes being build behind the Car Wash on the east side of the Westminister Canterbury Drive. We never experienced flooding and run-off at all until the houses were built there in the last 3-4 years. Also, the traffic entrances will make it dangerous, more traffic for those of us who are 55 and older. Which most of the residents are on both drives. Plus putting the residents of SV Westminister Canterbury Center to many more chances of wrecks and finder benders. As well as, us turning onto Hickory Lane. Also, the James Wood High School Cross Country teams runs the streets and Rt 522 to condition themselves for their meets. Which adding another hugh CVS Center on this route adds to them possibly being hit and killed by people pulling in and out of this hugh CVS parking lot. MY husband and I are both against this rezoning. We hope you will consider not passing it and keeping the zone we have at the present and presevre these several small business from being closed by a hugh corporation. Small business are what built this country and this county. We should not ever forget that. We do not need another pharmacy here on Rt 522. CVS in the Sunnyside Plaze and Martin's Pharmacy across the street. Also, Walmart's Pharmacy is on the next major highway RT 50 West, as well as the one one the corner of Fox Drive and Amherst and one across from the James Wood Middle School and Valley Health Pharmacy at the WMC (between Rt 522 & Rt 50) provide Pharmacy choices for the whole area. We have 5 Pharmacies within .3 mile to 2.5 miles. So NO to the re -zoning. Thank you, Mrs. Cephe F. Place 109 Hickory Lane' Winchester, VA 22603 (540) 667-8364 Home 9/ 17/2008 COUNTY of FREDER.ICK Department of Plamiilzg and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: J+ -wall- B�+ I e t COMPANY: FAX #: to `� $ ` l '4 Remarks: Date: I �)j V a Number of Pages (includv1g cover sheet) From the desk of: M P, 1 x Immediate TX Result Report ( Sep, 8. 2008 10;13AM) Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Sep. B. 10:10AM 540 678 1462 G3TS 2"34" P. 4 OK 8381 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine ) Reduction LAN —Fax t Delivery Q RX Notice Req. A RX Notice 49 Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540-662-5792 office(cDpainterlewis. com September 3, 2008 Ms. Candice Perkins Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: UNGER PROPERTY TM#53A-A-6 REZONING APPLICATION Dear Candice, Enclosed, please find as requested in your email dated August 14, 2008, the following information for the Unger Rezoning Application: • Revised Impact Analysis Statement with new exhibits pertaining to the site layout, to include the Memorandum of Understanding. • Revised Proffer Statement and Generalized Development Plan with changes. • Revised deed information for parcel 53A-A-5. • Updated Agency comments to include those from the County Attorney. Please do not hesitate to contact this office if you would have any questions or need additional information. Wly, Engineering Admin. Assistant PAINTER-LEWIS, P.L.C. Enclosure JOB NUMBER: 00803001 0 • PAINTER-LEWIS, P.L.C. CONSUL TING ENGINEERS 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 August 28, 2008 tel.: (540)662-5792 fax: (540)662-5793 email: office@painterlewis.com Ms. Candice Perkins Frederick County Department of Planning and Development 106 N. Kent Street Winchester, VA 22601 RE: Unger Property Rezoning Stonewall Magisterial District Dear Candice: I would like the opportunity to make some revisions to the Proffer Statement on behalf of Mrs. Unger. Please defer the Planning Commission public hearing until September 17. X J. Martin F. Unger _., C.L.A. � U r, 2 8 2008 0803001 PAINTER-LEWIS, P.L.C. Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540-662-5792 office painterlewis.com August 19, 2008 Ms. Candice Perkins Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: UNGER PROPERTY TM#53A-A-6 DRIVEWAY SPACING WAIVER REQUEST Dear Candice, Attached, please find a copy of the letter and exhibits that were submitted to Mr. Eric Lawrence on May 281h, 2008 for the Waiver Request, for the above referenced project. Please do not hesitate to contact this office if you would have any questions or need additional information. Si cer y, PhIlgineering'Admin. Assistant PAINTER-LEWIS, P.L.C. Enclosure AUG 1 9 2008 JOB NUMBER: 00803001 0 40 CONSUL77NG ENGINEERS tel.: (540)662-5792 817 Cedar Creek Grade, Suite 120 fax: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com May 28, 2008 Mr. Eric Lawrence Frederick County Department of Planning and Development 106 N. Kent Street Winchester, VA 22601 RE: Driveway Spacing Waiver Request P.1_N. Nos. 54-4-2-D, 53-4-3-D1, 53A-A-5, 53A-A-6 Stonewall Magisterial District Dear Eric: On behalf of the contract purchaser of the four lots listed above, I am requesting a waiver from Section 165-29. A. (4) of the Frederick County Zoning Ordinance pertaining to "Minimum Driveway Spacing". This section requires a minimum distance between new driveways of 200 feet. Please refer to the following three items: 1) Aerial overview of the site; 2) Proposed Driveway Spacing Waiver Request Exhibit ("the layout exhibit"); 3) Draft of letter to Frederick County for use by Robert Hassinger. These four lots currently contain the Bubbleworks Car Wash, the Oates Grocery, and the Unger residence. The Site Aerial shows the three existing entrances along Route 522. The layout exhibit shows that entrance 1 provides access to the grocery and residence and the other two entrances, 2 and 3, provide access to the Continental Restaurant. Please note that there is an existing ingress/egress easement on the restaurant site to the benefit of the grocery site. This easement is shown on the layout exhibit. There is no ingress/egress easement agreement between the restaurant property and P.I.N. No, 53A-2-D-1. Access to this parcel is from Hickory Lane. The layout exhibit shows that the distance from Westminster Canterbury Drive to Hickory Lane is 535 feet along Route 522. The application of Section 165 would limit the number of driveways accessing Route 522 to one entrance located approximately 200 feet from both Westminster Canterbury Drive and Hickory Lane. As shown on the layout exhibit this one entrance would have to be located within a 135 foot space near the existing boundary between 53A-A-5 and 53A-2-C. Entrance 2 would meet the spacing require- ment with the closure of entrances I and 3. Due to a lack of depth on 53A-2-C, the re- construction of entrance 2 to current VDOT standards would interfere with vehicle circu- lation immediately in front of the existing restaurant. It would also eliminate a significant amount of parking area now serving the restaurant. The logical location for the entrance is on 53A-A-5 as shown on the layout exhibit. 0803001 PAINTER-LEWIS, P.L.C. Mr. Eric Lawmec 0 May 28, 2008 I have spoken with Mr. Robert Hassinger, owner of the Continental Restaurant, and have proposed the option of closing his two entrances and providing access via the pro- posed entrance shown on the layout exhibit. Mr. Hassinger is not willing to close his en- trances at this time. I provided Mr. Hassinger with a copy of a draft letter stating his posi- tion. He did not indicate whether or not he will sign it and forward it to you. Please consider the following in support of the proposed waiver: o The existing entrance to Oates Grocery will be closed. o A new entrance will be located further from the Westminster Canterbury Drive in- tersection. o The new entrance will have a deceleration lane and it will be designed to VDOT standards. • The location of the new entrance will ultimately meet the requirements of Section 165-29 and it is the logical location for the single entrance that can serve all par- cels fronting on Route 522 between Westminster Canterbury Drive and Hickory Lane. o The new entrance will permit "right Wright out" turning movements only. No left turns will be permissible. o A permanent ingress/egress easement will be provided for the benefit of 53A-2-C and the new entrance will be designed to permit a shared access with 53A-2-C. o The location of an entrance from Westminster Canterbury Drive will meet the re- quirements of 165-29. o While access from Westminster Canterbury Drive will serve the proposed devel- opment, the second access from Route 522 is necessary to meet the develop- ment requirements of the proposed pharmacy. In addition, two entrances will bet- ter serve all parcels fronting on Route 522 in the eventuality that entrances 2 and 3 are closed with the redevelopment of 53A-2-C. If you have any questions, please call me. 1/ ��{///ram d (1 /I Y! (/ tv Ja / n C. Lewis, P.E., C. L.A. Attachments C: J. Martin 0804007 PAINTER-LEWIS, P.L.C. Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540-662-5792 office(opain terle wis. com August 14, 2008 Ms. Candice Perkins Frederick County Planning Department AUG 1 4 2008 107 North Kent Street Winchester, VA 22601 RE: UNGER PROPERTY TM#53A-A-6 REZONING APPLICATION Dear Candice, Enclosed, please find as requested in your email dated August 14, 2008, the following information for the Unger Rezoning Application: Revised Impact Analysis Statement with new exhibits pertaining to the site layout. Revised Proffer Statement and Generalized Development Plant with changes as necessary for the new site layout. Please do not hesitate to contact this office if you would have any questions or need additional information. ncer y, I�2C� i ri s ngineering Admin. Assistant PAINTER-LEWIS, P.L.C. Enclosure JOB NUMBER: 00803001 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 24, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 407-08 FOR THE UNGER PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 8, 2008, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #07-08 of the Unger Property, submitted by Painter -Lewis, PLC, to rezone .49 acres from the B2 (General Business) District to the B2 District, with proffers, and .85 acres from the RP (Residential Performance) District to the B2 District, with proffers, for Commercial Use. The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane in the Stonewall Magisterial District, and are identified by Property Identification Numbers 53A- A-5 and 53A-A-6. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 0 This is to certify that th attached correspondence was mailed to the following on %'w2 ©� from the Department of Planning and Development, Frederick County, Virginia: 53B - 5- - 11-B 53A - A- - 5- HARVEST COMMUNITIES INC UNGER VERNON B & FRANCES 5179 BARLEY DR 147 CREEKSIDELN STEPHENS CITY VA 22655.2606 WINCHESTER VA 22602.2446 53A - 2- D- C- HASSINGER ROBERT E Painter -Lewis PLC 108 LISAS DR WINCHESTER VA 22603.4866 817 Cedar Creek Grade, Ste. 120 53D - 3- - 1. Winchester, VA 22601 MP LLC 53A - 2- D- 3- 1205 CAROLINE ST KIPPS ALMIRA L WINCHESTER VA 22601 106 HICKORY LN 42 - A- - 198-H WINCHESTER VA 22603.4217 WINSTONE LLC 53 - 4- 2- D- 1100 FIFTH AVE S STE 210 UPPER CRUST LLC NAPLES FL 34102.6407 112A BRUCE DR WINCHESTER VA 22601.4213 53A - 2- D- 2- WRENN GERALD A JR & JAMI E 104 HICKORY LN WINCHESTER VA 22603.4217 53A - 2- D- 1- CLARK ROBERT L 102 HICKORY LN WINCHESTER VA. 22603.4217 Candice E. Perkins, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FRLDFRICK I, L U , a Notary Public in and for the State and County aforesaid, do Oreby certify that Car ice E. Perkins, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand thisck day off/% My commission expires on BEVERIY H. DELLINGER NO�y ID #E 331878 NOTARY PUBLIC COMMONWEALTH OF vIRGINIA MY COMMltlll'ON OXelk6! 4U6Y B1 2011 a �62 NOTARY P BLIC 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 5, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-08 FOR THE UNGER PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 17, 2008, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #07-08 of the Unger Property, submitted by Painter -Lewis, PLC, to rezone .49 acres from the B2 (General Business) District to the B2 District, with proffers, and .85 acres from the RP (Residential Performance) District to the B2 District, with proffers, for Comrnercial Use. The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane in the Stonewall Magisterial District, and are identified by Property Identification Numbers 53A- A-5 and 53A-A-6. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • This is to certify tl at the attached correspondence was mailed to the following on "R 6from the Department of Planning and Development, Frederick County, Virginia: 53A - A- - 5- 53B - 5- - 11-13 UNGER VERNON B & FRANCES HARVEST COMMUNITIES INC 5179 BARLEY DR STEPHENS CITY VA 22655.2606 147 CHEESTER STER V LN WINCHVA 22602-2446 53A - 2- D- C- Painter-Lewis, P.L.C. HASSINGER ROBERT E 116 S. Stewart St. 108 LISAS OR WINCHESTER VA 22603.4866 Winchester, VA 22601 53D - 3- - 1- MP LLC 53A - 2- D- 3- KIPPS ALMIRA L 1205 CAROLINE ST WINCHESTER VA 22601 106 HICKORY LN WINCHESTER VA 22603.4217 42 - A- - 198-H WINSTONE LLC 53 -4- 2- D- UPPER CRUST LLC 1100 FIFTH AVE S STE 210 112A BRUCE DR NAPLES FL 34102.6407 WINCHESTER VA 22601.4213 53A - 2- D- 2- WRENN GERALD A JR & JAM[ E 104 HICKORY LN WINCHESTER VA 22603.4217 53A - 2- D- 1- l) CLARK ROBERT L ��.6C'7:j 102 HICKORY LN WINCHESTER VA. 22603.4217 Candice E. Perkins, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do reby certify that C� r ice E. Perkins, Senior Planner forth Dartment of Planning Of and Development, whose name is signed to the foregoing, dated _ , has personally appeared before me and acknowledged the same in my State ai'iA County aforesaid. Given under my hand this —=�� day of My commission expires on dEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC E MMONWEALTH OF VIRGINIA COMMISSION EXPIRES DULY 31.2011 14 NOTARY P&BLIC/ 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 22, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-08 FOR THE UNGER PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 3, 2008, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #07-08 of the Unger Property, submitted by Painter -Lewis, PLC, to rezone .49 acres from the B2 (General Business) District to the B2 District, with proffers, and .85 acres from the RP (Residential Performance) District to the B2 District, with proffers, for Cominercial Use. The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane in the Stonewall Magisterial District, and are identified by Property Identification Numbers 53A- A-5 and 53A-A-6. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 53A - A- - 5- UNGER VERNON B & FRANCES 5179 BARLEY DR STEPHENS CITY VA 22655.2606 John C. Lewis, P.E. Painter -Lewis, P.L.C. 116 S. Stewart St. Winchester, VA 22601 53A - 2- D- 3- KIPPS ALMIRA L 106 HICKORY LN WINCHESTER VA 22603.4217 53 -4- 2- D- UPPER CRUST LLC 112A BRUCE DR WINCHESTER VA 22601.4213 53A - 2- D- 2- WRENN GERALD A JR & JAMI E 53B - 5- - 11-B HARVEST COMMUNITIES INC 147 CREEKSIDE LN WINCHESTER VA 22602.2446 53A - 2- D- C- HASSINGER ROBERT E 108 LISAS DR WINCHESTER VA 22603.4866 53D - 3- 1 MP LLC 1205 CAROLINE ST WINCHESTER VA 22601 42 - A- - 198-H WINSTONE LLC 1100 FIFTH AVE S STE 210 NAPLES FL 34102.6407 104 HICKORY LN WINCHESTER VA 22603.4217 53A - 2- D- 1- CLARK ROBERT L 102 HICKORY LN WINCHESTER VA. 22603.4217 Candice E. Perkins, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I,�"/ �� a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Senior Planner for the Dep rtment of Planning and Development, whose name is signed to the foregoing, dated Sc?c09 , has T personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this '/B. ild day of My commission expires on Q/� 3,(.3_ 0 , cao DIANE L. WALSH NOTARY PUBLIC -REGISTRATION # 354475�"1 - COMMONWEALTH My COMMISSION EXP RESIA NOTARY PUBLIC JUNE 30. 2012 D7-�' ' ,�..�✓ TO9BABA-DATA PROCESSING PropertyFROM:SEV PI ning kept. Unger TM# 53A-A-6 Rezoning Please r,int sets of labels by Street Addresses of Properties TW ANKS! J Name and Property Identification Number Owner Address Name:/-\ng r-,Vernon B. &;Frances / Property # 53A-A�5 5179 Barley Drive Stephens City, VA 22655 Name: Kipps, Almira 106 Hickory Lane Property # 53A-2-D-3 Winchester, VA 22603 Name: Upper Crust, LLC 112 A Bruce Street Property # 63-4v3-D V- �, �} - a - i) Winchester, VA 22601 Name: Upper Crust, LLC 112 A Bruce Street Property # 53-4-3-D1 Winchester, VA 22601 Name: Wrenn, Gerald A. Jr. & Jami El 104 Hickory Lane Property # 53A-2-D-2 Winchester, VA 22603 Name: Clark, Robert 102 Hickory Lane Property # 53A-2-D-1 Winchester, VA 22603 Name: Harvest Communities, Inc 147 Creekside Lane Property # 53B-5-11 B / Winchester, VA 22602 Name: Hassinger, Robert 108 Lisa's Drive Property # 53-AN ,_ Winchester, VA 22603 Name: MP, LLC 1205 Caroline Street Property # 53D-3-1 Winchester, VA Name: MP, LLC 1205 Caroline Street Property # 53D-3-4 Winchester. VA 14 TOARBARA-DATA PROCESSING Unger Property j FROM: BEV PI ning Dept. TM# 53A-A-6 Rezoning �r ""—' Please tint sets of lab Street Addresses of Properties ANK Name and Propert y Identification Number Owner Address N me: Ung ,Vern �B. & nce �Y\\�� / Pr # A -A- r 5179 Barley Drive Stephens City, VA 22655 Name: Kipps, Almira 106 Hickory Lane Property # 53A-2-D-3 Winchester, VA 22603 Name: Upper Crust, LLC 112 A Bruce Street Property -# B P. 53 - �} - -jj Winchester, VA 22601 Name: Upper Crust, LLC 112 A Bruce Street Property # 53-4-3-D1 Winchester, VA 22601 Name: Wrenn, Gerald A. Jr. & Jami El 104 Hickory Lane Property # 53A-2-D-2 Winchester, VA 22603 Name: Clark, Robert 102 Hickory Lane Property # 53A-2-D-1 Winchester, VA 22603 Name: Harvest Communities, Inc 147 Creekside Lane Property # 53B-5-11 B Winchester, VA 22602 Name: Hassinger, Robert 108 Lisa's Drive Property # cj -,i; Winchester, VA 22603 Name: MP, LLC 1205 Caroline Street Property # 53D-3-1 Winchester, VA Name: MP, LLC 1205 Caroline Street Property # 53D-3-4 Winchester, VA L4A-F--)mil 'H 14 F- 9 !%- pr Tcr I AO Mb 4w ®r OL Ai 1013 9213 M DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: ;/// D REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: M DESCRIPTION OF REQUEST: (Write additional information on back of request 1- MIS ��Z O l� irk � � DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NON Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 3 1 2008 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YO U WO ULD LIKE TO HA VE COMPLETED. Candice Mark Dana Eric Mike John Amber COMMENTS: INITIALS DATE & TIME T ,w I �k C) Received by Clerical Staff (Date & Time): ,� 1) 8-) }0,6 U:\Pam\Common\Document Approval Form.wpd