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HomeMy WebLinkAbout032-78 Allen Properties, Inc. - Opequon District - approved - Backfile�'' \� � �•, � � � err , ' ; :�Nc�..� 1 s � ��, t�:. \ • :..........., . - -- -- ^ -- 4 \ ' � �` _.0 � -vim ��� :\�\ i \ '. L op � •� � o •sue � — �...� �-��- � a N �, ' \ �, ' G ZIle- / Zd - - . -ter...--.r...w..v mow. , r � \ `\ 1\ �• �\ "' i I C 1'� �• �_ . - ._„.��� �. 8�-zoo_.-� i3C61N on-76 COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 September 20, 1984 Mr. Dave Holliday Dave Holliday Construction, Inc. P.O. Box 2715 Winchester, Virginia 22601 Dear Mr. Holliday: This letter is to confirm the Frederick County Planning Commission's action at their meeting of September 19, 1984: Approval of Amended Site Plan #032-78 of Allen Properties, Inc. for the shell construction of new retail space on Route 277, east of Route 81, in the Opequon Magisterial District. If you have any questions regarding your amended site plan, please do not hesitate to call me. Sincerely, o n T. P. Horne rector JTPH/rsa 9 Court Sauare P.O. Box 601 Winchester, Virginia 22601 (703) 667-2120 wave Waffiday eomaraction, 9,ve. RESIDENTIAL & COMMERCIAL BUILDING DAVE HOLLIDAY P. 0. BOX 2715 Owner WINCHESTER, VA 22601 AMENDED SITE PLAN #032-78 Allen Properties, Inc. B-2 (Commercial General) LOCATION: Route 277, east of Route 81 MAGISTERIAL DISTRICT: Opequon ADJACENT LAND USE AND ZONING: Commercial and open space land use and commercial zoning. PROPOSED USE AND IMPROVEMENTS: Shell construction for new retail space, no current tenants proposed. REVIEW EVALUATIONS: Department of Inspections - Proposed addition to be built in accordance with the Virginia Uniform Statewide Building Code. Sanitation Department - This agency has no comment. Water and sewer service is provided to existing structure. Stephens City Fire Company - Should the site plan be approved, we would like to have a construction plan of the building. Also, no hydrants have ever been shown on the road between Red Apple and the existing Tony's Market. Are any hydrants planned for this access road? Planning and Zoning - This project does not currently propose to provide access to the new road to the east of this property. Fire hydrants are now shown at the site of the Stephens Village Apartments. This current plan is for the shell structure only. At the time of construction of actual commercial facilities and/or an entrance to the new road, a fire hydrant at the entrance will be required. Curb stops must now be provided along the entire east property line to prevent access to new road. STAFF RECOMMENDATIONS: Approval, with curb stops as noted above. COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 M E M O R A N D U M TO: Sanitation Department ATTN Mr. Wellington Jones Inspections Department ATTN Mr. John W. Dennison Stephens City Fire Company , ATTN Fire Chief Planning Department , ATTN Mr. John T. P. Horne Zonin3Z Department FROM: John T. P. Horne, Director SUBJECT: Review comments on , ATTN Mr. Stephen Gyurisin Date September 6, 1984 Conditional Use Permit Rezoning Subdivision X Site Plan We are reviewing the enclosed request by Allen Properties, Inc. or their representative, David Holliday (667-2120) Will you please review the attached and return your comments to me as soon as possible. ---------------------------------------------------------------------- This space should be used for review comments: Signature Date f2._ 7l-(� 9 Court Sauare P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK JJX Department of Planning and Development Johil T.Pt Hoine Planning Director StephenM.' Gyurisin Dg�uty Director 17 1 = r , �' �' ' ' 1703/662-4532 M E M O R A N D U M TO: _ Sanitation Department �', ATTN Mr. We1rington J Inspections Department ATTN Mr. John W. ennison Stephens City Fire Compan Planning Department , ATTN Fire Chief , ATTN Mr. John T. P. Horne Zoning Department , ATTN Mr. Stephen Gyurisin FROM: John T. P. Horne, Director Date September 6, 1984 SUBJECT: Review comments on Conditional Use Permit Rezoning Subdivision X Site Plan We are reviewing the enclosed request by Allen Properties, Inc. or their representative, David Holliday (667-2120) Will you please review the attached and return your comments to me as soon as possible. ---------------------------------------------------------------------- This space should be used for review comments: This agency has no comment. Water and sewer service is provided to existing structure. Signature Date 9 Cnnrt Cnnnre - P.0. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK �J V Department of Planning and Development John T.P. Horne - Planning Director rI pP�p pEVE�OPMEN���O Stephen M. Gyurisin - Deputy Director 703/662-4532 M E M O R A N D U M TO: Sanitation Department ATTN Mr. Wellington Jones Inspections Department , ATTN Mr. John W. Dennison Stephens City Fire Company L,--, ATTN Fire Chief Planning Department , ATTN Mr. John T. P. Horne Zoning Department , ATTN Mr. Stephen Gyurisin FROM: John T. P. Horne, Director Date September 6, 1984 SUBJECT: Review comments on Conditional Use Permit Rezoning Subdivision X Site Plan We are reviewing the enclosed request by Allen Properties, Inc. or their representative, David Holliday (667-2120) Will you please review the attached and return your comments to me as soon as possible. ---------------------------------------------------------------------- This space should be used for review comments: Signature �� ��,��!-' , Date L%9 c' 9 Court Souare - P.O. Box 601 - Winchester, Virginia - 22601 032-7S-/ J. T' Y' - T I ��y/v o� \ ` \ CoricreAo arb ro SoCow /eted nth - OlAdjaceni&,Road Way. f� 10 A, <7 41 032-�8'-Z 30 • -•9// G G E �2i 8. 9 Sp. Fr. • � �. �� � +�/� ✓<P E T .yr G �E Mi9!P'.•f ElJ BY f�.�i /NTE'L� f.,r.a,.3E, /D8 SP.SacEs �E'Eoi� BY cc { _ • :S 57 6' -�•�� FIRE. L ANE `ewc ,1XF 7,.7 • ,, � " j 1� ! ,� ; � <'t �-•' ' r/ _ j�r�cxr����.�. Q os air � � �-`j 4` \ i3 SPACES - -( A � - > l S/�,gCES' E\x/STiyt4 \` •f/ ` '� � '- /q 36Z �,? .c'T 15 .._ _ .� I . � 1 y9SO �- -l►R 3> ii y U A L -'��c�'.a..c-� �s-Env"�C'...�- !-✓'.� i� 032 -7,?-3 -T C. -- 1"I9loO I 77: X —s- 4::7 --Ir '-, ev, -'✓ ..Q —S-E-.e (= cn '-ti- e .14�e .-9 -,L- 4e=;, -.:p ale. Yq - E. 4t 7p 9/ 3, - -42Z--'5 -`/e S1TE "'Ie'4`v PREPARED BY J. P N/CELY NOV 21, 177 VA C I-S. M lel-92 M9V 1.97e , AUGUST J/, g�- ale,�L-,fr W. C 7-/ON NOTES A2- kV lr_A/ :Z ";" z_'/ 7-/ 17 Tom- -57 77 VZ:? C_ -!!N Ae _,E: dE-,19 A� 7 7-1 7-/--=- -'s .,5'- C> -7-<M EVE ,A4-3 -7 AR 5p, A*e 0 Ar< dz> I-- 7-.-Q O 1-0 7-7 jL N I It 0 3 z -'N-6 n N I 50-C Olde C Fredericksbu f 1V L --- LE11NIPANCL SITE PIAR PROVED c SCALE 40' 4616USr 31, 1984 r, gilbert w. cliff ssociates, inc. ENGINEERS — LAND PLANNERS 709 I lwC old'e Greenwich Drive SURVEYORS Fredericksburg, Virginia 22401'(703) 898-21 20 South Cameron Street Winchester, Virginia 22601 (703) 667-2139 !%qv^B- fro<G /�Ar�' Co�v�^T.Pcicrio�✓ CO �/2o✓Eck �E-sc.e'i.a r-�o�✓ { .Qi i .'�.' _" E.. - tia. ^.-" !J G ��G ✓^E-�7 - i/1/S TF�GC iq 7 'gyp iV-�. So. �:. .c7.c� : • .y _S/G 7- y.. C_ L AY' � !�E-� BU�2 /� E i✓ - _S .^•�qc_ E' �'y A----- ­17 _r-, _5"N �7C E-O CAE: - iy�L L'z7 - v G� i TCI'/ES Ati'4-' _S H.!'.9c" E-' S"- 7 o �`� .�.�� � Gs �:7 3-G/-'c'�.�ia CE- � /�✓iT.4/ 'dc N" f-t/! - .-f /E'' _'� E- -" - J 7 O B •c_� /q/�- 7".�ci c(!_. E .D A %- C c�G ✓-B-�2T-. _S Bi9G EO _5-TiE'A h� .SSG-p i�,7 �-il/7 �-7 7-; O!t/� B�Q ieie/cam/C� S o � T c AL G .� •' f.iE - ♦2 G - � .-4 O E-.O .9 ice"+ E A S A _,S ! f E- q ci i iC E O t AP K7 C. E MADDOX,�. 9 Os+ WICATE No. %Q9i �`" %) I .0 � VIRGINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY THO_MAS G. SCULLY, HOTTER B . ALEXANDER AND JOHN F. TONEY, Complainants V. IN CHANCERY NO. 6252. THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, CARROLL R. BROWN, in his capacity as Building Inspector of Frederick County, Virginia STANLEY W. PANGLE, in his capacity as Interim County Administrator and JOHN R. RILEY, in his capacity as Planning Director of Frederick County, Virginia Defendants ANSWER TO COMPLAINANT'S PETITION FOR APPEAL AND APPLICATION FOR A WRIT OF MANDAMUS Comes now each of the above -captioned Defendants, by their Counsel, Lawrence R. Ambrogi, Commonwealth's Attorney for Frederick County, Virginia, and for their answer in the above -captioned matter state and aver unto the Court as follows: (1) Paragraph No. 1 of Complainant's Petition for Appeal and Application for Writ of Mandamus is admitted. (2) Paragraph No. 2 is admitted. (3) Paragraph No. 3 is admitted. (4) Paragraph No. 4 is neither admitted nor denied. (5) The Defendant's deny that the Complainant's site plan was submitted to all interested agencies in Frederick County, Virginia, and further deny that said site elan received approval from the Frederick County Planning Commission. (6) Defendants deny that the Complainant's site plan received the approval of the Frederick County Planning Commission and further deny that said site plan received the approval of the Board of Supervisors of Frederick County, Virginia, as presented. Defendants aver that said site plan was denied as submitted in Januarv, 1979, February, 1979, and November, 1979, and that Complainant Scully was made aware of the reasons for such denial each time. (7) Paragraph No. 7 is admitted. (8) Paragraph No. 8 is admitted. (9) Paragraph No. 9 is admitted. (10) Defendant's admit that Stanley W. Pangle, Interim County Administrator and John R. Riley, Planning Director for Frederick County, Virginia, have instructed Defendant, Carroll R. Brown, Frederick County Building Inspector, not to issue a permit to the Complainants until the Complainant's site plan had been modified and approved. Defendant's deny that any of them informed Complainant Scully that "no occupancy permit will be issued regardless of whether or not the grocery store is constructed in accordance with the Virginia Uniform Statewide Building Code". (11) Paragraph No. 11 is admitted. (12) Paragraph No. 12 is neither admitted nor denied. (13) Paragraph No. 13 is denied. (14) Paragraph No. 14 is denied. (15) Paragraph No. 1-5 is neither admitted nor denied. (16) Paragraph No. 16 is neither admitted nor denied. (17) Defendant's deny that their actions have been or are improper and void for any of the reasons stated by the Complainants. (17a) Defendants specifically aver that the action of the Defendant, Board of Supervisors of Frederick County, Virginia, was properly based upon applicable State Statutes and local ordinances and hereby requests that the Complainants be specific as to what ordinance said action was in violation of. (17b) Defendant's deny that the action of the Frederick - 2 - County Board of Supervisors was arbitrary and/or capricious. (17c) Defendants deny that Section 33.1198 of the Code of Virginia of 1950, as amended, pre-empts and binds them by any approval or action of the Virginia Department of Highways and Transportation. (17d) Defendants deny that they are without authority to condition approval of the Complainant's site plan and deny approval of the entrance as originally presented. (18) Paragraph No. 18 is admitted. WHEREFORE, the Defendants pray that an Order be entered; (1) Declaring the action of the Defendant, Board of Supervisors, was proper and based upon applicable State Statutes and local ordinances, and therefore; (2) Was not arbitrary and/or capricious; (3) That the Defendant, Board of Supervisors of Frederick County, Virginia, was not and is not pre-empted from requiring Complainants to modify their site plan as submitted; (4) That the Court uphold the actions of the Defendant, Frederick County Board of Supervisors, in modifying said site plan and deny the Complainant's request for an occupancy permit; (5) That the Court deny the Complainant's Application for writ of Mandamus directing the Defendant, Board of Supervisors, or any of the other Defendants named herein to approve said site plan as submitted and deny Complainant's request that occupancy permits be issued; (6) That the Complainant's request for immediate hearing and temporary restraining order be denied; (7) That the Court deny the Complainant's request that any and all costs be awarded against the Defendants; and That your Defendants be awarded such further and general relief as the Court may deem appropriate. - 3 - THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA CARROLL R. BROWN, STANLEY W. PANGLE ,acid JOHN R. RILEY BY- LAWRENCE R. AMBROGI Commonwealth Attorney for Frederick County, Virginia 321 South Loudoun Street Winchester, Virginia 22601 Counsel for Defendants Commonwealth Attorney for' Frederick County, Virginia C E R T I F I C A T E I hereby certify that a true copy of the foregoing Answer To Complainants' Petition for Appeal and Application for a Writ of Mandamus was hand carried and/or mailed postage prepaid to all Counsel of Record as required by the Rules of Court on January 1980. Lawrence R. Amb i - 4 - i 3,392 Ij Ivy : sr ,'7/80 iI HOOK LS PAGE (330 �II V I R G I h I A: I IN THE CIRCUIT COURT OF FREDERICK COUNTY f THOMAS G. SCULLY, et al., ' h Complainants i i V. IN CHANCERY NO. 6252 it THE BOARD OF SUPERVISORS OF i FREDERICK COUNTY, VIRGINIA, et al, i Defendants All of the judges of this circuit are so situated in respect to the above styled case pending in this court as to render it improper, in their opinion, for them to preside at the trial. Therefore, in accordance with Section 17-7 (2) the clerk shall enter this fact of record and shall at once certify the same to the Chief Justice of the Supreme Court. The clerk shall also forward copies hereto to counsel for the parties. ENTER this 7th day of January, 1980. ,J, Y ti. T CURL: LZ Request for Site Plan Amendm t Site Plan 0032-73 Allen Properties, Inc_ zoned B-1/2.5 acres Location: Route 277, East of Route 81 in the Opequon MaLgisterial District_ Adjoining Land Use and Zoning: B-1 Zoning. Vacant and Ccimmercial Land Use. Proposed Use: Retail store. Imrovenents: 14,362 square foot retail store. Paved eta cae and parking_ Review Evaluations: Frederick County Sanitation Authority — Appra)ved_ Virginia Department_ of Higllways and Transcort.:ation = Approved_ Department of Public Works - Entrance locatio)a should be fruc proposed 60' right-of-�vray. Planning - Applicant should comply wittz 1/24'/79 Board approval. of site plan which indicated no entrance on Rtcxite 277_ Staff Recndation: This Site Plan revision request should be denied_ The appl.-:cant's approved Site Plan (1/24/79) indicates that no entrance could be pe=n tteda on Route 277_ The request was heard again on February 28, 1979 ar_d eras denied_ Tr_ �L-- applicant was also advised in September of 1979 that this entrance could not be apF,=--aved administratively and would have to be submitted to the Board of Supervisors for approval_ �re�rerirk f�aunt� Department of IdIanning and 33621aliment H. RONALD BERG PLANNING DIRtCTOR P. O. BOX GOi DOROTHEA L. STEFEN 9 COURT SQUARH ZONING ADNINI7TRATOR m e m o r a n d u m WINCHE9TER. YtRGIN1A 2280T November 28, 1978 TO: Frederick County Sanitation Authority , ATTN Wellington Jones Va. Dept. of Highways and Transportation ATTN Reginald C. King Dept. of Public Works g %T Stanley Pangle Dept. of Planning And Development ATTN H. Ronald Berg FROM : Dorothea L. Stefen, Zoning Administrator Date November 28, 1978 SUBJECT: Review comments on Conditional Use Permit Subdivision Reioning xxx Site Plan We are reviewing the enclosed request by Allen Properties, Inc. or their representative Dave Holliday (667-2120) Will you please review the attached and return your comments to me by December 8, 1978 This space should be used for review corents: 703/6v2-,532 aunt' Byartm-ent of Planning and 33- r2fuFraznt H. RONALD BERG PLANNING DIAtC. 9 P. O. ❑OROTHEA L. STEFEBax 601 N 9 COURT SQUARE ZONING ADMINISTRATOR m e III o r a n d u m WINCHIESTEFt. VIRGINIA 22601 December 4, 1978 T0: Frederick County Sanitation Authority ATTDI Wellington Jones Va. Dept. of Highways and Transportation , Air Reginald C. King Dept. of Public Works Dept. of Planning and Development g= Stanley Pangle / ATIN H. Ronald Berg Dorothea L..Stefen, Zoning Administrator Date December 4, 1978 FROM: SUBJECT. Review comments on Conditional.lise Permit Subdivision Rezoning xxxx Site Plan. REVISED We are reviewing the enclosed request by Allen Properties, Inc. or their representative Dave Holliday (667-2120) VUI. you please review the attached and return your comments to me by December 13, i978 This space should be used for review comments: /�i Cl�`L_ e Lio „LS Fo s� :_S �► b s c. �1 ti; b 5,�� q-� fi " Signature 20, F,,, p P_,, �,,, Date �q oecjt 703/662-4532 ;�z.e�Eric� C�,ourtitr Depar#men# of VInnnirtg ait r ' efrefali n:ent H. RONALD BERG PLANNING DIRLCTOR P.O. BOX OC}} DOROTHEA L. STEFEN ZONING ADMINISTRATOR m e m o r a n d u m'. 9 COURT SQUARM WINCHESTER. VIRGINIA ZZ60T November 28, 1978 TO: ! Frederick County Sanitation Authority , ATTN Wellington Jonesy� Va. Dept. of Highways and Transportation ATTN Reginald C. King Dept. of Public Works A=,., Stanley Pangle Dept. of Planning And Development ATTN H. Ronald Berg FROM : Dorothea L. Stefen, Zoning Administrator Date November 28, 1978 SUBJECT: Review comments on Conditional Use Permit Subdivision Rezoning xxx Site Plan We are reviewing the enclosed request by Allen Properties, Inc. or their representative Dave Holliday (667-2120) Will you please. review the attached and return your comments to me by December 8, 1978 This space should be used for review comments: Central water and sewer is available. Proposed site work will not interfere with water and sewer line. Signature D__e c�� ��y A. 703/662-4532. �-; �, RFc0lv;,c-"-) ",- Repartment of Planning and 'B-6-011alluretrt H. RONALU BERG PLANNING DIFIKCTOR P. 0, Box 601 DOROTH=A L. STEFFEN 9 couar SQUARr. ZONING ADMINISTRATOR m e m o r a n d u m WlNctirmsTEir. VIRGJNIX 22601 November 28, 1978 TO: Frederick County Sanitation Authority ATTN Wellington Jones Va. Dept. of Highways and Transportation. ATTN Reginald C. King Dept. of Public Works -A:TTI%T. Stanley Pangle Dept. of Planning And Development ATTN H- Ronald Berg FROM: Dorothea L. Stefen, Zoning Administrator Date November 28, 1978 SUBJECT, Review comments on Conditional Use Permit Subdivision Rezoni C, xxx Site Plan We are reviewing the enclosed request by Allen Properties, Inc. or. their representative Dave Holliday (667-2120) Will you please - review the attached and return your comments to by December 8, 1978 ------------------------------ 7 --------------- - - This space should be used for review comments: a, 'zo 7- Signature Date 703/662-4532 RECEIVED 1978 • �'` ?�x$�IEziC�i �t,�IIllzi�tJ H. RONAL.D BERG PLANNING ❑IRCCTOR DOROTHEA L.. STEFEN ZONING ADMINIlYRAYOR m e m o r a n d u m December 4, 1978 TO: Frederick County Sanitation Authori P. O. Sox 601 9 COURT SQUAR$ WINCHNSTER, VIRGINIA 22501 ATTj,I Wellington Jones Va. Dept. of Highways and Transportation ATrj Reginald C. King ✓ Dept. of Public Works gam; Stanley Pangle Dept. of Planning and Development ATE H. Ronald Berg Dorothea L..Stefen, Zoning Administrator Date December 4, 1978 FROM: SUBJECT: Review comments on Conditional Use Permit Rezoning Subdivi-sion xxxx Site Plan REVISED We are reviewing the enclosed request by Allen Properties, Inc. or their representative Dave Holliday (667-2120) review the attached and return your comments to me by This space should be used for review comments: See site plan. I,Till you please December 13, 1978 Additional right of way will be required to construct a minimum 50 foot radius on edge of pavement.of future street. \rn Curb required between the two entrances. Minimum entrance width is 30 feet. Connect curb of entrance to existing curb at.Kentucky Fried Chicken. Minimum distance from bank window to edge of pavement is 150 feet for two windows, 200 feet for one, to provide stora5ze. Signature Date December 8, 1978 703/662-4532 , f rebrerick C, uuntu* Department of lannin am � efx ter zt�Erz H. RONALD BHR(; PLANNING 0IRKZT0R P. 0. Vox 602 DOROT ZoNjrm A IN STATOR m e m o r a n d u m WINCHESTER, VI GIINIA .228Qt ZONING ADMINISTRATOR ' December 4, 1978 TO: / Frederick County.Sanitation Authority , ATTLI Wellington Jones V/ Va. Dept. of Highways and Transportation _ ATTLIq Reginald C. King Dept. of Public Works _A:=j Stanley Pangle Dept. of Planning and Development ATTIxT H. Ronald Berg Dorothea L..Stefen, Zoning Administrator FROM: SUBJECT: Date December 4, 1978 Review comments on Conditional Use Permit Rezoning We are reviewing the enclosed request by or their representative Dave Holliday (667-2120) Subdivision xxxx Site Plant REVISED Allen Properties, Inc. Will you please - review the attached and return your comments to me by December 13, 1978 This space should be used for review comments: Central water and sewer is available to the site. Site plan shows no interference with water and sewer lines. Site grading must leave at least three feet of cover on water and sewer lines. Signature Date zl::ze, 703/662-4532 RECEIVE-D Bgarfinen# of 111anning anc �D.r,fr_-IvjimEn# H. RONALD BERG PLANNING Dlw[CTOR - P- CX BOX 601 DOROTHEA L. STEFEN 9 COURT SQUARL ZONING AOMINIlTRATOR m e Ill o r a n d u m WINCHSSTER. VIRGINIA 2Z50? December 4, 1978 TO: Frederick County Sanitation Authority ATTN Wellington Jones Va. Dept. of Highways and Transportation ATTN Reginald C. King Dept. of Public Works gam; Stanley Pangle Dept. of Planning and Development ATE H. Ronald Berg Dorothea L. Stefen, Zoning Administrator Date December 4, 1978 FROM: SUBJECT: Review comments on Conditional Use Permit Subdivision. Rezoning xxxx Site Plan REVISED We are reviewing the enclosed request by Allen Properties, Inc. or their representative Dave Holliday (667-2120) Will you please - review the attached and return your comments to me by December 13, 1978 This }space should be used for revie�w/ comments:/ ' l �/�,•� �. c--•�.�%��...� ��_,--- tee. -`/rs -� l.� A� // f1 Signature i Date 703/662-4539 r-- f, li I S IS E HARRY F. STIMPSON, JR. PHONE: CODE 703-837-1378 BOYCE, VIRGINIA 22620 LIU- IT wa7zl-1 w" I W-ov�- -W lvlt L I THOMAS G. SCULLY ATTORNEY AT LAW DRUG rAIR BUILDING P. O. BOX 274 WINCHESTER, VIRGINIA 22601 703 - 662-3489 January 5, 1979 Ron Berg Planning and Development Department 9 Court Square Winchester, Virginia 22601 In Re: Allen Properties, Inc. Dear Ron: We are having a meeting this morning in your office and I am handing you this letter in order that you will have something on record for your files which sets forth my plans with some definiteness. When I first became interested in erecting a grocery store on the site on the north side of Route 277 next to the dedicated 60 foot street adjacent to the Stimpsonst I understood there were no problems as far as your office was concerned. I accordingly went forward with my plans. and purchased the nine acre tract from Allen Properties, Inc. and am commited to erect a 15, 000 square foot grocery store. My lessee, Malone and Hyde, Inc., asked that I amend the plot plan dated November 14 to give them more parking spaces. At the same time they asked if I would sketch on this plan the approximate location of the bank about which I had spoken. In asking Mr. Nicely to expand the parking lot I mistakingly gave him the impression that I wanted him to sketch in a drive-in bank. He was under the impression that what I wanted was something that I was going to ask to be approved by the planning board. When he showed it to me I should have asked him to redo his work but instead because he did such a nice looking job I let it stand. I have now corrected this and he has prepared another revision dated January 4, copies of which are in your office. I have no present definite plans to do anything other than put in a grocery store. I have only a very general understanding with the C & S Bank that I will endeavor to erect a building that will be suitable for their purposes. I did not discuss any location before the sketch was prepared and when I showed it to them they had some questions about it. My status with them is simply that at some time in the future we will explore the possibility of my erecting a building for them. At that time I will make the proper applications for Ron Berg Page 2 January 5, 1979 the building permit and I understand that if I am granted the permit for the grocery store it will stand by itself and any other buildings or plans will have to be approved on their own merit. Thanking you very much, I remain uly, ully TGS/tds (P/C 1/17/79) p 7 warehouse only and there would be no employees. Mr. Berg stated that no health facilities would be required. All reviewing agency requirements had been met-. Lee Ebert, Certified Land Surveyor, appeared before the Commission representing the site plan. The entrance was discussed and it was noted that the proposed entrance did meet Virginia Department of Highways and Transportation requirements. It was also noted that the Highway Department had strongly urged that the existing entrance on the property have bituminous treatment, as well, since this treatment was not required when it was installed. A discussion was held on this existing entrance. Mr. Ebert stated he thought L & L Builders intended to pave both entrances, but he could not commit to that. Mr. Ebert, also stated he thought at the time the entrance was installed it had met the Highway Department standards however, they had changed their paving over the years. There being no opposition, the following motion was made by Frank Brumback and seconded by James Golladay, Jr., BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this site plan and strongly urge that the existing entrance have a bituminous treatment as recommended by the Virginia Department of Highways and Transportation. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES - - - - - - - - - - - - - - - - - - - Site Plan No. 032-78 -- request by Allen Properties, Inc. for a grocery store off Route 277 in Opequon Magisterial District. Action -- Recommend Approval Mr. Berg stated the site plan was for a grocery store to be located on Route 277. He stated that earlier a Kentucky Fried Chicken store had been approved by the Commission and Board of Supervisors on the corner lot and at that time two entrances were approved; one for Kentucky Fried Chicken, and one to the east. Mr. Berg stated Mr. Stimpson had later added a sixty foot right-of-way beside the Kentucky 603 Fried Chicken Store when the site plan was approved for the Stimpson's grocery store. Mr. Berg stated all requirements had been met by the reviewing agencies. (4r. Berg told the Commission the issue was Lot B, which is vacant at this time. He stated there was going to be a problem with an entrance to the property. H. B. Alexander, and Mr. Tooney, appeared before the Commission and read a letter from Tom Scully, property owner. Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby make the letter a part of the minutes. Thomas G. Scully Attorney at Law Drug Fair Building P. 0. Box 274 Winchester, Virginia 22601 January 5, 1979 Ron Berg Planning and Development Department 9 Court Square Winchester, Virginia 22601 In Re: Allen Properties, Inc. Dear Ron: We are having a meeting this morning in your office and I am handing you this letter in order that you will have something on record for your files which sets forth my plans with some definiteness. When I first became interested in erecting a grocery store on the site on the north side of Route 277 next to the dedicated 60 foot street adjacent to the Stimpsons' I understood there were no problems as far as your office was concerned. I accordingly went forward with my plans and purchased the nine acre tract from Allen Properties, Inc. and am commited to erect a 15,000 square foot grocery store. My lessee, Malone and Hyde, Inc. asked that I amend the plot plan dated November 14 to give them more parking spaces. At the same time they asked if I would sketch on this plan the approximate location of the bank about which I had spoken. In asking Mr. Nicely to expand the parking lot I mistakingly gave him the impression that I wanted him to sketch in a drive-in bank. He was under the impression that what I wanted was something that I was going to ask to be approved by the planning board. When he showed it to me I should have asked him to redo his work but instead because he did such a nice looking job I let it stand. 604 (P/C 1/17/79) p 9 I have now corrected this and he has prepared another revision dated January 4, copies of which are in your office. I have no present definite plans to do anything other than put in a grocery store. I have only a very general under- standing with the C & S Bank that I will endeavor to erect a building that will be suitable for their purposes. I did not discuss any location before the sketch was prepared and when I showed it to them they had some questions about it. My status with them is simply that at some time in the future we w ll explore the possibility of my erecting a building for them. At that time I will make the proper applications for the building permit and I understand that if I am granted the permit for the grocery store it will stand by itself and any other buildings or plans will have to be approved on their own merit. Thanking you very much, I remain Yours very truly, /s/ Thomas G. Scully A lengthy discussion was held on the entrances and it was decided that Lot B would definitely have an entrance problem. The consensus of the Commission was that the owner be informed that the Commission would not be in favor of another entrance onto Route 277, therefore, there would be a definite problem developing Lot B. Mr. Brumback left the room, therefore, his vote is not recorded in this request. There being no opposition, the following motion was made by James Golladay, Jr. and seconded by Manuel DeHaven; BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of this site plan to the Board of Supervisors. The motion passed by the following vote: Chairman -- ABSTAIN Kirk; DeHaven; Golladay, Jr.; Venskoske -- YES Mr. Golladay stated that he felt Mr. Scully should attend a Planning Commission meeting to discuss Lot B. Mr. Berg stated that Mr. Stimpson and Mr. Scully were working together to develop a master plan with the emphasis on the sixty (60) foot right-of-way and perhaps to install a traffic light. 605 p I 5 ve.6�� I i<ennet}� Y, Stiles. ••___ _. _.. _ ,,_, ; SP 1i032-78 - ALLEN PROPERTIES, INC. - OP.EQUON DISTRICT - APPROVED V Mr. Berg presented the request for site plan approval of Allen properties and described the location and proposed use of the property. Mr. H, B. Alexander -and Mr. John Alexander appeared in support of said site plan. There was a brief discussion regarding the number of entrances off Route 277 and the hazardous conditions caused by multiple entrances in this area, Mr. Owings stated that he felt entrances off Route 277 to properties in this area should be served by an access road. Mr. Berg explained the options available for entrance to the subject property stating that one option would be to have access through the Kentucky Fried Chicken Restaurant parking lot. Mr. Alexander stated that unless the entrance as proposed on this site plan is approved, he did not feel his distributor would approve construction of the proposed gorcery store on the property. Mr, Owings stated that he understood that a blinker light would be erected adjacent to the sicty foot right-of-way which adjoins this property and he would .1 . ;I 1; suggest that perhaps this right--of-way be utilized as an entrance to the property. J. Mr. Alexander stated that he felt the entrance must be off the main road in i, order for the business to be successful. Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, I; Virginia, does herein approve Site Plan 4032-78 of Allen Properties, Inc. for a li grocery store off Route 277 in Opequon Magisterial District with the condition I; that the entrance to said property be located at the point of the proposed blinker light to be located adjacent to the sixty foot right-of-way adjoining said property. r The above resolution was passed by the following recorded vote: Aye - �i S. Roger Koontz, Will L. Owings, Dr. Raymond L. Fish, and R. Thomas Malcolm. f' Nay - Kenneth Y. Stiles. SP t}037 78 - ROBERT F. ZETGLER - STONEWALL DISTRICT - APPROVED Mr. Berg presented the request for site plan approval of Robert F. Zeigler and described the location and proposed use of the property. He advised that the road had been built to Mighway Department specifications but i46uld iiot bd accepted until there are additional businesses constructed thereon. j° Dr. Fish asked if the set back lines were as issue in this matter and Mr. r iBerg advised that the Board of Zoning Appeals had approved a variance from the Vrequired set back lines for the entire industrial park. -x_-e�3nich Kj �?iLj1 egartment of jula tning anbl John t . Riley PLANNING AIRBCTOR DOROTHEA L. STEFEN ZONING ADMINISTRATOR Septamber 17, .1979 Mr. Thomas G. Scully Attorney at Law Drug Fair Building P. O. Box 274 Winchester, Virginia 22601 Dear Mr. Scully: nox 60 2 J Cot3�i S :utaaz= This letter is being written in reference- to o= ii ee`— ng on 'Lzaesda1 r 11, 1979, regarding the Allen Prornxties, Inc. Site Pla a 277_ We arL- in. agreement that you may use double pr.i Tie and seal = f ca t=ea -_rl-t Qri iLa parking lot for the proposed grocery store. IL is also that_ c. r° 111. improvements have been c =m leted .that a f -ca o -L e -F- : �,-5 asphalt treat ment be applied to the parking lot surface. As you requested, .I have reviewed all files and tLa Jarraary , 1979 Boaca of Supervisors meeting minutes and have fou-nd that -Erg on: -,, ent=-- - ca apprQc = -was off the 60' right-of-way irrledi ately east o= the pro�ov Ln- _,_0v��nts._ Should you choose to provide access off Route 277, amended Site 21f,n w--11. ?'Lw1 to be submitted and approved by -the Board o= T?-Jissrs If I may be of further assistance to you i _� c ttis ? fez j p1e _. do not flesi:ta=a to contact me. JRR:bj s cc: NIr_ J. O. Renalds, III, CO'Lrjt7V T\. Li r -is PIr. Stan Pangle, Dear �rnt of P� �! -c J P. 0. Box 601 JOHN RILEY 9 COUR7, SQUARE PLANNING DIRECTOR tilllMCH5STER. VIRGIMA 22.601 MEMORANDUM November 19, 1979 TO: Board of Supervisors Through Mr. Stan Pangle, Interim County Administrator FROM: John R. Riley, Directory v-- SUBJECT: Allen Property Site Plan Per request from Tom Malcolm to me, I am forwarding to you -the information on the Allen Properties, Inc. Site Plan. Mr. Scully has requested to address the Board at the November_ 28, 1979 meeting and Mr. Malcolm and I felt it appropriate that you have all pertinent informa- tion regarding this Site Plan and any discussions that have taken place in the last three months. If you have any questions prior to the meeting, please do not hesitate to contact me. JRR:bjs Enclosures 703/662-L =532 JOHN RILEY PLANNING DIRECTOR r-ebExi.Ck Tvii tp Repa tz ent of julaurting nub P6Qlaymntt November 29, 1979 Mr. Thomas G. Scully Attorney at Law Drug Fair Building P. O. Box 274 Winchester, Virginia 22601 Dear Mr. Scully: P. O. Box 601 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 At the November 28, 1979 Board of Supervisors Meeting, your amended Site Plan request #032-78 was denied. As you realize, the Board of Supervisors has instructed the staff not to grant a final occupancy permit until the entrance on Route 277 has been corrected. If I may be of further assistance to you in this matter, please do not hesitate to contact me. Sincerely, hn P Rile Director Y, JRR: bj s cc: Mr. Stan Pangle, Interim County Administrator 703/652-4532 SCAN DANGLE, JR. DIRECTOR Dave Holliday P.O. Box 2.715 Winchester, VA Dear Dave, January 15, 1980 Construction Inc. 22601 P. o. BOX 601 9 COUR-r SQUARE WIIdCHFSTER. VIRGINIA 22601 As per your request, please regard this letter as your formal notification to provide additional sedimentation and erosion controls at Allen Properties on Route 277. These controls should more specifically be installed around the lower edge of the fill area directly behind the Kentucky Fried Chicken Property._ They will consist of an earth berm with a stone filter at the lowest point of drainage. The area of fill should be .rough graded, seeded and mulched as soon as feasible. The earth berm and stone filter will be constructed as per the "Virginia Erosion and Sedimentation Control Handbook". All areas disturbed during the construction of this site plan will be stabilized as per the approved Site Plan and Erosion Control plan prior to .release of the Sedimentation and Erosion Control Bond. In addition, I might add that the area in question was not shown to be disturbed on the approved Site Plan. The section dealing with Sedimentation and Control in the Frederick County Code is chapter 8. Section 8-7 paragraph A deals with inspections by the Permit Administrator and the additional controls. We hope this will be a satisfactory notice for you and your client. If we can provide any additional information or clarification, please don't hesitate to call. SP:mh Respectfully, Stan Pangle Director of Public Works 703 — 662--8671 P. W. Davis, Chairman Davis Wharf . W. C. Garrett, Vice Chairman Bowlers Wharf S. Mason Carbaugh, Richmond M. Lester Dalton, Warm Springs E. L. Felton, Suffolk Henry C. Green, Markham James R. Nichols, Blacksburg Roy R. Smith, Lebanon W. R. Van Dresser, Blacksburg Fred W. Walker, Richmond Manly S. Wilder, Richmond R. E. Wilkinson, Kenbridge Joseph B. Willson, Jr. ` e�I Director Donald L. Wells Deputy Director COMMONWEALTH of V1RxQ1N1A VIRGINIA SOIL AND WATER CONSERVATION COMMISSION (804) 786-2064 830 EAST MAIN STREET, SUITE 800 RICHMOND, VIRGINIA 23219 September 22, 1980 MEMORANDUM TO: Recipients of the 1980 Virginia Erosion and Sediment Control Handbook - Second Edition FROM: Donald L. Wells, Acting Director AL 4 5.pv� Enclosed is a copy of the 1980 Virginia Erosion and Sediment Control Handbook. This second edition will replace the original 1974 Handbook and establish new State minimum criteria and standards for the control of soil erosion and sedimen- tation from land disturbing activities. The revised Handbook will become effective upon official adoption by the Commission in'February of 1981. Each locality may adopt the new standards as soon after Commission adoption as desired. All localities must adopt the new standards (or more stringent standards) by February, 1982. The new standards will affect State agency construction projects beginning July 1, 1981. Chapter 3 of the revised Handbook contains the actual State minimum conservation standards and criteria which must be met in all programs. The remainder of the Handbook may be considered a guide and information resource. The Introductory Chapter contains a good overview of the purpose and content of the Handbook. I would like to call your attention to the mailing list request form at the back of the Handbook. If you will fill out the form and return it, you will be placed on our mailing list to receive future Handbook revisions and our quarterly newsletter, E&S Bulletin. If you have any questions concerning the new Handbook or the State Erosion and Sedi- ment Control program in general, please feel free to call or write the Commission. DLW/ced Enclosure P. W. Davis, Chairman Davis Wharf W. C. Garrett, Vice Chairman Bowlers Wharf S. Mason Carbaugh, Richmond M. Lester Dalton, Warm Springs E. L. Felton, Suffolk Henry C. Green, Markham James R. Nichols, Blacksburg Roy R. Smith, Lebanon W. R. Van Dresser, Blacksburg Fred W. Walker, Richmond Manly S. Wilder, Richmond R. E. Wilkinson, Kenbridge 9 .leseph-[L Willson, jr. Director ` 'a,; Donald L. Wells S Deputy Director COMMONWEALTH H ®f VERCjINIA VIRGINIA SOIL AND WATER CONSERVATION COMMISSION (804) 786-2064 830 EAST MAIN STREET, SUITE 800 RICHMOND, VIRGINIA 23219 September 22, 1980 MEMORANDUM TO: Local E&S program administrators FROM: Donald L. Wells, Acting Director NO%�Gu-Cc� pf.l� SUBJECT: Additional Complimentary Handbook Copies Each designated administrator of a local erosion and sediment control program has been provided with one complete set (Handbook, binder and tab set) of the 1980 Virginia Erosion and Sediment Control Handbook at no cost. Upon request, a program administrator will be mailed up to four additional copies of the Handbook (not includ- ing binders and tab sets). It is important to note that the additional complimentary copies will be provided only upon request and only to the designated local official responsible for program administration. These copies are intended for use by the program administrator's staff or other local departments or agencies involved in program administration. You may request these additional copies by writing to the Chief Engineer of the Virginia Soil and Water Conservation Commission. DLW/ced �xebnick (9vun#U Peyaz#ment of 11Ianning aub Pi6elaymen# JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR CERTIFIED October 9, 1980 Mr. Dave Holliday Dave Holliday Construction, Inc. Route 50 East Winchester, Virginia 22601 Dear Mr. Holliday: This letter is in reference to the final site inspection and final occupancy permit for the Allen Properties (Taney's Market) Site on Route 277 East of Stephens City. The approved Site Plan under soil erosion and sedimentation control plan data specifically cites the Virginia Erosion and Sediment Control Handbook as the controlling regulation for erosion and sedimentation control on the site. Section 1.66 of the above handbook contains the criteria and specifications pertaining to seeding and is the section that must be referred to for all seeding practices on the site. I had informed your company earlier as to the areas that need to be seeded; but, to reiterate, all areas to the east, north and west of the building that were disturbed during construction need to be prepared and seeded as per the above handbook section. My preliminary inspection of October 8, 1980 indicates that some surface seeding had taken place but that no soil pre- paration was done before this seeding; and, therefore, very little of the seed had taken root. As part of Site Plan approval for this project, a bond of $1,000 was posted for a land disturbing permit and Frederick County is fully prepared to execute this bond and contract for the work to be done in a correct manner. Please correct this soil stabilization condition within fourteen (14) days to preclude execution of the above bond. 703/662-4532 -2_ If you have any questions, please do not hesitate to contact this office. S-Lncerely, Vheputy n T. P. Horne Director JTPH : bj s cc: Mr. Carroll Brown, Jr., Director. 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