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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
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ENGINEERS — LAND PLANNERS
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Fredericksburg, Virginia 22401'(703) 898-21 20 South Cameron Street
Winchester, Virginia 22601 (703) 667-2139
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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.
Department.of Inspections
P14 9301967
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