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HomeMy WebLinkAbout012-83 Walter Aikens - BackfileCOUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Directo, 703/662-451. April 24, 1984 Mr. Walter Aikens P.O. Box 2468 Winchester, Virginia 22601 Dear Mr. Aikens: This letter is to confirm the Frederick County Planning Commission's action at their meeting of April 18, 1984: Approval of Site Plan #012-84 of Walter Aikens for revisions to the building location and parking lot pattern of the Aikens Pancakes and Steaks House on the southwest corner of the intersection of Route 50 East and Route 522 South in the Shawnee Magisterial District. If you have any questions regarding your site plan, please do not hesitate to call me. Sincerely, Vhn T. P. Horne Director JTPH/rsa Enc. n CN T) ., !.l11 ')') (, ()1 COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 May 17, 1984 Mr. Harry Aikens P.O. Box 2468 Winchester, Virginia 22601 Dear Mr. Aikens: Enclosed you will find a copy of the final site plan approved by the Planning Commission with red line changes that have been made by myself concerning the location of handicapped parking spaces on the site. This letter is to confirm that you do have approval from this department to place those spaces as indicated by the red line changes and to adjust the size of the various parking spaces as indicated in order to accomplish this. If you have any questions concerning this, please do not hesitate to contact me. Sincerely, Jo n P. Horne Di ctor JTPH/rsa Enclosure () Cniirt Cniiara _ P 0. Rox 601 - Winchester. Virginia - 22601 AMENDED SITE PLAN #012-83 Walter Aikens Zoned B-2 (Business General) LOCATION: Southwest corner of the intersection of Route 50 East and Route 522 South. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Commercial and residential land use and commercial zoning. PROPOSED USE AND IMPROVEMENTS: Revisions to building location and parking lot pattern. REVIEW EVALUATIONS: Virginia Dept. of Highways and Transportation - No objection. Department of Inspections - These uses are classified as Use Group A-4 (Assembly) for the restaurants and M (Mercantile) for the convenience store. These structures must conform with all Building, Mechanical, and Electrical Codes. Citv of Winchester - Sewer and water service is available. Greenwood Fire Company - No comment Planning and Zoning - Parking spaces at the northern end of the site should be parallel to curb; curb stops should be placed along the west property line. STAFF RECOMMENDATIONS: Approval, with the changes recommended under Planning and Zoning. SITE PLAN #012-83 Walter Aikens Zoned B-2 (Business, General) LOCATION: Southwest corner of the intersection of Route 50 West and Route 522 South. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Commercial and residential land use and commercial zoning. PROPOSED USE AND IMPROVEMENTS: Two restaurants and a convenience store with required parking. REVIEW EVALUATIONS: Virginia Dept. of Highways and Transportation - No objection. Department of Inspections - These uses are classified as Use Group A-4 (Assembly) for the restaurants and M (Mercantile) for the convenience store. These structures must conform with all Building, Mechanical, and Electrical Codes. City of Winchester - Sewer and water service is available. Greenwood Fire Company - No Comment Planning and Zoning - No objection; all drainage to be carried directly to Route 81 facilities through a storm sewer system. Phase I includes construction of the northernmost restaurant and parking. Other phases to follow. STAFF RECOMMENDATION: Approval. I W . Z p r3ae JUSLY W z }L UILDING Cc$ -DING INCIU DING iAMAGE , DOORWAY ARCIt DRAWINGS r/ A *NOTE: CONTRACTOR TO ADJUST f GUY WIRES AS REOUIRED a / ro �� ♦rn. / �j i COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 July 8, 1983 Mr. Walter Aikens P.O. Box 2468 Winchester, Virginia 22601 Dear Mr. Aikens: This letter is to confirm the Frederick County Planning Commission's action at their meeting of July 6, 1983: Approval of Site Plan #012-83 of Walter Aikens, located on the southwest corner of the intersection of Route 50 West and Route 522 South in the Shawnee Magisterial District and zoned B-2 (Business, General) for two restaurants and a convenience store with required parking. If you have any questions, please do not hesitate to contact this office. Sincerely, 7P, o n T. P. Horne rector JTPH/rsa 9 Court Square P.O. Box 601 Winchester, Virginia 22601 COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 June 8, 1984 Mr. Walter Aikens Aikens Pancakes & Steaks P.O. Box 2468 Winchester, Virginia 22601 RE: Bond Release Between Frederick County, Virginia and H. W. A. Enterprises, Harry W. Aikens, and Walter H. Aikens, General Partners Dear Mr. Aikens: The purpose of this letter is to inform you that this office has completed our final site inspection of the Aikens Pancakes & Steaks Restaurant at the intersection of Route 522 and Route 50 and have 'found that all improvements have been completed in accordance with the approved amended Site Plan #012-83. This letter is to serve notice to H. W. A. Enterprises, the Principal, and Fidelity and Deposit Company of Maryland, the Surety, that the bond may be released for the above referenced parties. All improvements have been made in accordance with the Frederick County site plan requirements, therefore, this office approves the release of the bond for the Principal and can approve zoning for the Final Occupancy Permit. Should you have any questions requiring any further documentation for this matter, please feel free to contact this office. Sincerely, c N, Stephen M. Gyurisin Deputy Director SMG/rsa cc: John R. Riley, County Administrator John W. Dennison, Building Official 0 Cniirt Cminn- _ P 0 Rny CN01 - W1nvheRter. Vlrulnln - 22601 \l gilbert w. clif f ord & associates, inc. ��pp �p /��} INCORPORA��TppED 1972 ,,/�/ (On�ineeN6 -Lanai :llannexe Mllw9 oxb ,4,, ��m a 9i6 Corporate Office: 150C Olde Greenwich Drive • Fredericksburg, Virginia 22401 • (703) 898-2115 Winchester Office: 20 South Cameron Street • P.O. Box 2104 • Winchester, Virginia 22601 • (703) 667-2139 April 5, 1984 cc: Mr. Walter Aikens :•C E BOARD OF DIRECTORS Thomas J. O'Toole, P.E. Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. "� P. Duane Brown, C.L.S. William L. Wright, Laboratory Director AGREEMENT THIS AGREEMENT, made this ��_�,_2��__ day of ,� � 19��-3pA , 1},,v apd Epp F� �prrnv .NAikens 7 1 Kr H. 1 , r stPaer nea $�` iarxyS4J Aikens'H• RYICe11S I� i1UFj Rti nan�v Y•;17%a P �t C'ratt n D Ar t p rty, parties o the irst part; and the COUNTY OF FREDERICK, VIRGINIA, party of the second part; WHEREAS, in consideration of the approval by the party of the second part of this plat, plan and profiles of the subdivision known as Interstate Properties Subdivision, Ai.kens Pancakes & Steaks Restaurant. Rt. .` 0 & Rt. 522 Intersection and the p arty of the second part not requiring the following wort to be completed prior to the approval and recordation of said plat, the party, parties, of the first part, his or its heirs and assigns agree to do the following work j c by 6/15/84 MM&ch§sx-L=mx)t,,,�xex x�xe���pc 1. To construct all physical improvements in accordance with said plat, plans and speci- fications, and applicable provisions of the Subdivision Ordinance, including, but not limited to, the placement of survey monuments, the construction of an adequate storm drainage system both on the sub -divided property and on adjacent properties as needed, the con- struction of streets and roads in accordance with current standards of the Virginia Depart- ment of Highways and the installation of water distribution and sewage collection and/or treatment facilities so as to provide service to each building site in accordance with the County ordinances and regulations and State statutes and regulations. 2. To notify the County prior to beginning any street and utility work in connection with said subdivision. 3. To provide adequate supervision on the project site during the installation of all required improvements and a responsible superintendent or foreman together with one set of approved plans and profiles on the project site at all times when work is being performed. 4. To comply with all requirements of the Virginia Department of Highways in order that the streets will be accepted by the Virginia Department of Highways for operation and maintenance, and the party of the first part agrees to make prompt application, to the Virginia Department of Highways for acceptance of such improvements. 5. It is agreed and understood that final approval of completed work can only be given by the Subdivision Administrator of Frederick County. 6. Maintain dust control on the project site at all times. 7. Provide for the adequate control of erosion and sedimentation by temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading and con- struction, all in conformity with state and local Code regulations. 8. Provide and maintain all-weather access to all those premises, which are occupied by owners or occupants other than the party of the first part or its agents, until such premises are accessible via public streets that have been accepted for maintenance and operation by the State Highway Department. 9. To install all traffic warning and regulatory signs and devices required by the approved plans or required by the County during construction and to maintain said signs and devices in an operable condition until streets are accepted for maintenance and operation by the State Highway Department. Maintenance: All traffic signs shall be kept in proper position, clean, and legible at all times. Damaged signs shall be replaced immediately. Special care will be taken to see that weeds, shrubbery, construction materials, and snow are not allowed to obscure the face of any sign. 10. To maintain control on the project site at all times so that mud is not tracked out of the project by vehicle tires and deposited on adjacent streets of the State System, or other streets such as may be adjacent to the project site. 11. To conform with all applicable County, State and Federal laws and regulations with regard to any construction pertaining to the project. 12. To provide all necessary construction performance and maintenance bonds as required by the Frederick County Code and as further set forth in the Bond document of which this agreement is a part. 13. All site plan work as per approved site Plan 012-83. In testimony whereof, caused its corporate and in its behalf, by !cAc x�c x��Z ,��3c ;€ -Yxxq the party of the first part has hereunto names and seals to be hereunto affixed, for Harry W. Aikens & Walter H. Ai.kensr General P artngrs ON ses �x�x�.�x�cx��xx�cSc�x�c�3asc���e��x�stx�kx�eatxr�cx Harry W. Aikens & Walter H. Aikens, (SEAL) Attest: ��� •� AIJ '•,� �F STATE OF VIRGINIA Q I, a Notary Public in and for the Sta e e aid, and whose fission as such will expire on the day of 19 do hereby certify at thi%v ay ersona ly ap ea ed, efore me in my said State and C nt J p _a —and of respectively, a and respectively, thereof, and ea h then and there further acknowledged �P �- kei ei 9 s h�-�ru e- -9 -- A �,,, `1 e �ornorate—seal e—�sd a beds—e��e, and that the said hereunto annexed agreement was signed, acknowledged, and the corporate seal thereunto affixed, pursuant to resolution of the , a fie, and the said resolution was duly and regularly adopted. Give der my hand and notarial seal this"� ay of\_i���2Cc 19�. Notary Pubiic My Commission Expires In testimony whereof, the party of the second part has hereunto caused its body corporate name and in its behalf, by %, -' its Planning Director, duly at its Deputy Planning Director a acknowledged and delivered for and Deputy Director. and in its behalf by its said Director WITNESS THE FOLLOWING SIGNATURE AND SEAL: COUNTY OF FREDERICK, VIRGINIA M. P ING DIRECTOR F erick County Department of P anning and Development (SEAL) Attest: L N-IING DE UTY✓ I TOR e erick County D artment of Planning and Development STATE OF VIRGINIA COUNTY OF FREEDERICK I, A a Notary Public in and for the Stat and County aforesaid, do hereby certify that his day personally appeared before me in my said County, Planning Director of he Frederick C unty Depar ment of Planning and Development and Deputy Director of the Frederick County Det)artmenf o ✓Planning and Development, whose nam s are signed to the foregoing an hereunto annexed agreement dated - �� . 1 X , and each then and ' here per nally and severally ack owledged the said agreement for and on beha f of the said County of Frederick, Virginia, and acknowledged that the seal thereto affixed is the true and genuine seal of the County of Frederick, Virginia. Given under my hand this gi, day of/ l2 , 19 My commission expires g day of1924 . �1-' leil, N—OTARJ PUBLIC The Surety and Principal do hereby further certify that they will, within thirty (30) days of the expiration of the bond for maintenance of the facilities to be constructed under the agreement, execute a new bond and agreement for a period not to exceed six (6) months in an amount to be determined by the County to cover the maintenance requirements remaining and to reflect inflation costs should the Principal not be able to complete the maintenance work covered by the bond within thirty (30) days prior to the agreement expiration date or should the Principal not be able to have the streets in this subdivision accepted by the Virginia Department of Highways and Transportation within thirty (30) days prior to the expiration date of this agreement. The Surety and Principal further certify that they will continue to execute additional new bonds and agreements for maintenance in amounts to be determined by the County for subsequent periods of time until such time as the streets in the subdivision are accepted by the Virginia Department of Highways and Transportation: Should the Principal and Surety not meet the requirements of all of the above, it is expressly agreed that the County may elect to execute the bond for the full amount of the bond and utilize the proceeds as seen fit by the County in the furtherance of the subdivision which this Bond and Agreement cover. Provided, that in no event shall the liability of the Surety hereunder exceed the penal sum of this bond, and; Further provided that the Surety, by execution hereof, expressly waives any right he, they or it may have to review and approve any revisions to the plans, profiles and specifications referred to in the agreement. This bond relates to the a reeme dated the 22Ad day of February , 1924 on JgenstPancaCeR-saks���stau°raht,Subdivision, S� 012-83 Site Plan In witness of all of which, the Principal and Surety have hereunto set their hands and seals this 22nd day of February , 19 84 SURETIES PRINCIPAL t - 2 - 9-27-78 Harry W. Aikens & Walter H. Ai_kensf Gen. Partne KNOW ALL MEN BY THESE PRESENTS, That & Walter H. Ai.kens f Mary Jizne Rippoh & Nancy Elizabeth Craun Ltd. Partners & Harry W. Aikens Spec. Ltd. Partner H. W. A. Enterprises, hereinafter called the Principal and, Fi_deli.ty and Deposit Company of Maryland hereinafter called the Surety, are held and firmly bound unto the County of Frederick, Virginia, hereinafter called the County, in the full and just sum of Fifteen Thousand and 00/100 Dollars ($ 15 o00. ) , lawful money o the United States, to which payment will and tru y to be made, the Principal and Surety bind themselves and their heirs, personal representatives, assigns, and other successors in interest, jointly and severally, firmly by these presents. WHEREAS, Principal has executed the foregoing agreement, of which this bond is a part thereof and, WHEREAS, Both Principal and Surety desire to guarantee to the County, performance of all of the provisions of the foregoing agreement, NOW, THEREFORE, The conditions of this obligation and bond is such that if the Principal and/or the Surety shall perform all of the provisions of the foregoing agreement which is incorporated herein by this reference, then the obligations of this bond are to be void and of no effect; other- wise, it is to remain in full force and effect. It is expressly understood that this bond may be cancelled by the Surety at the expiration of sixty (60) days from the date which the Surety shall have lodged with the County of Frederick written notice to so cancel, but such notice may not be lodged earlier than the end of the time period specified in the agreement, or the date of completion of construction, maintenance, and approval by the County, whichever is earlier. This provision however, shall not operate to relieve, release or discharge the Surety from any liability already accrued, or which shall accrue, on the subdivision before the expiration of the sixty (60) day period. The Surety and the Principal hereby certify that they will within thirty (30) days of expiration of the agreement for which this bond is executed, and is a part thereof, execute a new bond and agreement for a period not to exceed six (6) months in an amount to be determined by the County to cover the work remaining and to reflect inflation costs, should the Principal not be able to complete the bonded work within thirty (30) days prior to the agreement expiration date. The Principal and Surety further certify that they will continue to execute additional new bonds and agreements in amounts to be determined by the County for subsequent periods of time not to exceed six months until such time as the work has been completed and approved by the County or until the County releases the Surety and Principal, whichever is earlier The Surety and Principal hereby further certify that the required reduced bond retained by the County, in accordance with Frederick County Code requirements, for maintenance after completion of construction for roads, and road -related construction, and water and sewer facilities, will be executed in favor of the County. STATE OF VIRGINIA C K at WaA7_-e__ I, �/� py , a Notary Public, � and for thg ate, esaid, dg/)hereby- certify that ;�/aLA whose names are signed to the toregoing bond, this day personally appeared before me in my State and County aforesaid and acknowledged the same. Given under my hand this --� '2c� day of 19 ary Yuoiic My Commission Expires - COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 February 22, 1984 Mr. Walter Aikens Aikens Pancakes and Steaks P.O. Box 2468 Winchester, Virginia 22601 RE: Temporary and Final Occupancy Restaurant for Public Use as Approved Site Plan #012-83. Dear Mr. Aikens: of Aikens Pancakes and Steaks per Building Permit #9996 and The purpose of this letter is to let you know what must be done to receive zoning approval for a temporary occupancy that would allow the use of your restaurant for the general public. In addition to the requirements for the temporary occupancy, I have also listed those items which will be needed for zoning approval of a final occupancy permit. This department will require the following before issuing any temporary certificate of occupancy for use by the general public: 1. The central parking area must be striped, outlining parking spaces and the traffic separation island. In addition, temporary concrete car stops should be in place. (see attached drawing) 2. A bond must be submitted to this department for $15, 000 for all site work required for the final occupancy. This work shall be complete by June 15, 1984 and so reflected on the bond submitted to this office. Within thirty days after the temporary certificate of occupancy is issued by this department, a revised site plan showing all site changes and improvements shall be submitted to this department. The revised site plan will be submitted to the Planning Commission for their approval or disapproval unless the planning staff feels that the revisions are minor and that all revisions conform with the requirements of the site plan section of the Frederick County Zoning Ordinance. 11 !• ,. « Qr.,.,.... n f-\ n- cni w:_ L Page 2 Walter Aikens February 22, 1984 This department will approve a final certificate of occupancy when the following items are complete: 1. Revised site plan is submitted and approved. 2. All final paving is completed. 3. All final striping is completed. 4. All concrete parking dividers are in place. 5. All outside lighting is complete. 6. All buffers are in place. 7. All improvements as shown on the revised site plan are in place, if necessary. These seven items must be completed for a final occupancy. The final paving, pavement striping, parking dividers, outside lighting, and evergreen 'puffers are the items that were used to calculate the total amount of the bond necessary for temporary occupancy permit. It is the understanding of this office that these items total $15,000. Should you have any questions regarding the requirements set forth in this letter, please feel free to contact this office. If you feel that the amount required for the temporary certificate of occupancy bond is not correct, again, feel free to contact this office. Sincerely, Stephen M. Gyurisin Deputy Director SMG/rsa cc: John W. Dennison, Building Official n UILDINC �Q .DING INCLUDING /AMAGE , DOOR WAY ARCK ORAWIN01 90POSED LOCATION � 25'a 13 SIGN I tsM1 Vv S / s . ♦ \ 0.0 I m• 1 �s I IL \J I 1 fb�s �l ��' y. 1 p l� " • p-� q6 I � \ • 1 \ p q q0 1 .I oqe SM11 I .ar / EVCRCRFNI I .O lNf FER A, ♦ NOTE : CONTRACTOR TO ADJUST GUY WIRES AS REQUIRED i •.ate - ou�S� TWQ�r E A:M",, A,,�a PER PR! .D 4TE PL 2.00060t. 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M � A � �4 T17 / r 30.8 �T 0.e / // EX/STING / �LONLRETE !Uf'PORI - f'19.5 -� f 723 1 -------Jze FINAL SITE PLAN - PROVED -�rocf o- AT ^� 522 PARKING COMPUTATION: U.S • K PARKING SPACES REQUIRED:________________________________ 68 SPACES a - DENOTES AS -BUILT PARKING SPACES PROVIDED BY THIS PLAN: ---------------- 75 SPACES PARAPHENELI A �a S .�UIZT ,D.2AWING COMMERCIAL SITE DEVELOPMENT FLAN scale R U� gilbert w. cliff ssoeiates, inc.� sheet I SITE PLANof ENGINEERS - LAND PLANNERS eenwich Drive 6URVEYORS 20 South Cameron Street Virginia 22401 17031 69&2115 Winchester, Virginia 22601 (703) 667-2139 FREDERICK COUNTY, VIRGINIA