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
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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.
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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
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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
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- 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
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eenwich Drive 6URVEYORS 20 South Cameron Street
Virginia 22401 17031 69&2115 Winchester, Virginia 22601 (703) 667-2139 FREDERICK COUNTY, VIRGINIA